Colonial First State Investments Limited as responsible entity for Colonial First State Mortgage Income Fund - Entry Fee Option and Colonial First State Mortgage Income Fund - Nil Entry Fee Option [2011] NSWSC 484

Supreme Court New South Wales

Medium Neutral Citation: Colonial First State Investments Limited as responsible entity for Colonial First State Mortgage Income Fund - Entry Fee Option and Colonial First State Mortgage Income Fund - Nil Entry Fee Option [2011] NSWSC 484 Decision date: 03 May 2011 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [ 32 ] and [33] of judgment. Catchwords: TRUSTS - judicial advice - s 63 Trustee Act 1925 - application for judicial advice by trustee whether justified in refusing to register transfer of units pursuant to transfer documentation executed under powers of attorney granted by unitholders - reasoning in Re Perpetual Investment Management Limited as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 133 and Re Challenger Managed Investments Limited as responsible entity for Challenger Howard Mortgage Fund [2011] NSW 213 applied and subject to minor adjustments, same judicial advice given as in those cases Legislation Cited: Trustee Act 1925 Corporations Act 2001 (Cth) Cases Cited: Re Perpetual Investment Management Limited As Responsible Entity For Perpetual's Monthly Income Fund And Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 133 Challenger Managed Investments Limited As Responsible Entity For Challenger Howard Mortgage Fund [2011] NSWSC 213 Category: Principal judgment Parties: Colonial First State Investments Limited as responsible entity for Colonial First State Mortgage Income Fund - Entry Fee Option and Colonial First State Mortgage Income Fund - Nil Entry Fee Option Representation: R Dick SC with D Mackay (Plaintiff) Minter Ellison (Plaintiff) File Number(s):