In the matter of Westfield Holdings Limited & ors; Application of RE1 Limited (ABN 80 145 743 862) and RE2 Limited as responsible entities for Westfield Retail Trust 1 and Westfield Retail Trust 2 (No 5) [2014] NSWSC 976

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Westfield Holdings Limited & ors; Application of RE1 Limited (ABN 80 145 743 862) and RE2 Limited as responsible entities for Westfield Retail Trust 1 and Westfield Retail Trust 2 (No 5) [2014] NSWSC 976 Hearing dates: Monday, 23 June 2014 Decision date: 23 June 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Orders approving schemes Catchwords: CORPORATIONS - managed investments - schemes of arrangement and compromise - responsible entity - application for judicial advice - second hearing - relevant considerations Legislation Cited: (Cth) Corporations Act 2001, s 411 (NSW) Trustee Act 1925, s 63 Cases Cited: In the Matter of Commonwealth Managed Investments Ltd (ACN 084 098 180) [2014] NSWSC 74 Sydney Airport Holdings as responsible entity of Sydney Airport Trust 2 [2013] NSWSC 1665 In the matter of Re1 Limited (ABN 80 145 743 862) and Re2 Limited as responsible entities for Westfield Retail Trust 1 and Westfield Retail Trust 2 (No 3) [2014] NSWSC 762 In the matter of Westfield Holdings Limited & ors; In the matter of RE1 Limited (ABN 80 145 743 862) and RE2 Limited as responsible entities for Westfield Retail Trust 1 and Westfield Retail Trust 2 [2014] NSWSC 158 In the matter of Westfield Holdings Limited & ors; In the matter of RE1 Limited (ABN 80 145 743 862) and RE2 Limited as responsible entities for Westfield Retail Trust 1 and Westfield Retail Trust 2 (No 2) [2014] NSWSC 601 Category: Interlocutory applications Parties: 2014/94612 Westfield Holdings Limited (first plaintiff) Westfield Management Limited as responsible entity of the Westfield Trust (second plaintiff) Westfield America Management Limited as responsible entity of the Westfield America Trust (third plaintiff) 2014/110824 RE1 Limited as responsible entity for Westfield Retail Trust 1 (first plaintiff) RE2 Limited as responsible entity for Westfield Retail Trust 2 (second plaintiff) Representation: Counsel: A Payne and K H Barrett (14/94612) J Lockhart SC and J A Arnott (14/110824) Solicitors: King & Wood Mallesons (14/94612) Ashurst (14/110824) File Number(s): 2014/94612 2014/110824