NSW Caselaw
New South Wales Supreme Court
CITATION : In the matter of Macquarie Capital Alliance Ltd & anor [2008] NSWSC 745
HEARING DATE(S) : 16 and 17 July 2008
JUDGMENT DATE : 22 July 2008
JURISDICTION : Equity
JUDGMENT OF : Austin J
DECISION : Orders made for convening scheme meeting and providing judicial advice to the trustee
CATCHWORDS : CORPORATIONS - scheme of arrangement - TRUSTS - judicial advice - proposal for interlinked scheme of arrangement and amendment of managed investment scheme constitution so that "stapled securities" would be acquired for cash or new stapled securities - applications for orders under Corporations Act, s 411(1) and for judicial advice under Trustee Act 1925, s 63 - Macquarie Capital interested as investor and manager in existing structure and proposed new ownership structure - concurrent scheme for Bermudan company - part of consideration from trust distribution - arrangements for meetings of shareholders and unitholders - credit or performance risk - no-shop and reimbursement fee provisions
LEGISLATION CITED : Corporations Act, s 411 Trustee Act 1925 (NSW), s 63
FT Eastment & Sons Pty Ltd v Metal Roof Decking Supplies Pty Ltd (1977) 3 ACLR 69 Furs Ltd v Tomkies (1936) 54 CLR 583 Macquarie Private Capital A Ltd [2008] NSWSC 323 Mincom Ltd v EAM Software Finance Pty Ltd (2007) 61 ACSR 266 CASES CITED : Orion Telecommunications Ltd [2007] FCA 1389 Re APN News & Media Ltd (2007) 62 ACSR 400 Re Bolnisi Gold NL (No 2) (2007) 65 ACSR 510 Re Mirvac Ltd (1999) 32 ACSR 107 Re Permanent Trustee Company Ltd (2002) 43 ACSR 601 Re Tempo Services Ltd (2005) 53 ACSR 526
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