In the matter of Perpetual Investment Management Ltd as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 592

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Perpetual Investment Management Ltd as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 592 Hearing dates: 30 May 2011 Decision date: 16 June 2011 Jurisdiction: Equity Division - Duty List Before: Ward J Decision: Judicial advice given Catchwords: JUDICIAL ADVICE - application for clarification of earlier judicial advice pursuant to s 63 of the Trustee Act 1925 (NSW) - HELD - judicial advice given Legislation Cited: Contracts Review Act 1980 (NSW) Trustee Act 1925 (NSW) Cases Cited: Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Marley v Mutual Security Merchant Bank and Trust Co Ltd [1991] 3 All ER 198 Newmont Yandal Operations Pty Ltd v J Aron Corporation and the Goldman Sachs Group Inc [2007] NSWCA 195 Re Atkinson (dec'd) [1971] VR 612 Re Perpetual Investment Management Limited as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 133 Category: Procedural and other rulings Parties: Perpetual Investment Management Ltd as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund (Plaintiff) Direct Share Purchasing Corporation Pty Ltd (Interested Party) Representation: Counsel Ms K Barrett (Plaintiff) V F Kerr (Interested Party) J Knackstredt (Roberts, unitholder) Solicitors Clayton Utz (Plaintiff) Piper Alderman (Interested Party) File Number(s): 10/418597