NSW Caselaw
New South Wales Supreme Court
CITATION : The Trust Company (RE Services) Limited [2010] NSWSC 1035
HEARING DATE(S) : 10/09/10
JUDGMENT DATE : 10 September 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 10 September 2010
DECISION : Judicial advice given.
CATCHWORDS : CORPORATIONS - managed investment schemes - units of managed investment scheme and shares in company are together components of stapled securities - proposal to separate shares and units - application by responsible entity for judicial advice - single meeting of shareholders and unitholders proposed to consider resolutions to amend constitutions - whether single meeting appropriate - TRUSTS AND TRUSTEES - trustee's foreshadowed application for further judicial advice - desire of trustee to ensure that any beneficiary wishing to be heard should make applicastion by particular time - availability of Trustee Act s 63(10) to achieve that result
Corporations Act 2001 (Cth), Part 5.1, ss 136, 601GC(1)(a) LEGISLATION CITED : Supreme Court (Corporation) Rules, rule 3.4 and Form 6 Trustee Act 1925, s 63
CATEGORY : Principal judgment
Cullen v Galloway Cattle Society Inc (1998) 27 ACSR 648 CASES CITED : Macedonian Orthodox Community Church St Petka Inc v His Eminence Peter the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Re Australian Consolidated Press Ltd (1994) 14 ACSR 639 Re Mirvac Limited [1999] NSWSC 457; (1999) 32 ACSR 107
PARTIES : The Trust Company (RE Services) Limited as responsible entity of Asciano Finance Trust - Plaintiff
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