In the matter of Challenger Managed Investments Ltd as responsible entity for Challenger Howard Mortgage Fund [2011] NSWSC 721

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Challenger Managed Investments Ltd as responsible entity for Challenger Howard Mortgage Fund [2011] NSWSC 721 Hearing dates: 7 July 2011 Decision date: 12 July 2011 Jurisdiction: Equity Division Before: Ward J Decision: Judicial advice given Catchwords: TRUSTS - JUDICIAL ADVICE - application by interested party for clarification of earlier judicial advice pursuant to s 63 of the Trustee Act 1925 (NSW) - further application by trustee for judicial advice and/or clarification of earlier advice - HELD - judicial advice given Legislation Cited: Corporations Act 2001 (Cth) Trustee Act 1925 (NSW) Cases Cited: Application of Macedonian Orthodox Community Church St Petka Inc (No 2) [2005] NSWSC 588 In the matter of Perpetual Investment Management Limited as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 592 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 Re Atkinson (dec'd) [1971] VR 612 Re Challenger Managed Investments Ltd as responsible entity for Challenger Howard Mortgage Fund [2011] NSWSC 213 Re Perpetual Investment Management Limited as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 133 Re Perpetual Investment Management Ltd as responsible entity for Perpetual's Monthly Income Fund and Perpetual's Wholesale Monthly Income Fund [2011] NSWSC 615 Category: Procedural and other rulings Parties: Challenger Managed Investments Ltd as responsible entity for Challenger Howard Mortgage Fund (Plaintiff) Direct Share Purchasing Corporation Pty Ltd (Applicant) Representation: Counsel R Dick SC with D Mackay (Plaintiff) V F Kerr (Applicant) Solicitors Minter Ellison (Plaintiff) Piper Alderman (Applicant) File Number(s): 11/058065