In the matter of Securities Exchanges Guarantee Corporation Limited as trustee for the National Guarantee Fund [2016] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Securities Exchanges Guarantee Corporation Limited as trustee for the National Guarantee Fund [2016] NSWSC 76 Hearing dates: 9 February 2016 Decision date: 17 February 2016 Jurisdiction: Equity Before: Ball J Decision: Judicial advice given Catchwords: TRUSTS – Judicial advice under Trustee Act 1925 (NSW), s 63(1) – advice in relation to compensation regime established under Part 7.5 of the Corporations Act 201 (Cth) Legislation Cited: ASIC Market Integrity Rules (Competition in Exchange Markets) 2011 Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth) Corporations Legislation Amendment Regulation 2011 (No 1) (Cth) Trustee Act 1925 (NSW) Cases Cited: Application of Dev Menon [2014] NSWSC 1888 In the matter of All Class Insurance Brokers Pty Ltd (in liq); Vardy v Westpac Banking Corporation [2014] NSWSC 475 Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia (8th ed 2014, Butterworths) Category: Principal judgment Parties: Securities Exchanges Guarantee Corporation Limited ACN 008 626 793 as trustee for the National Guarantee Fund (Plaintiff) Representation: Counsel: JC Sheahan QC with JJ Hutton (Plaintiff)

Solicitors: Clayton Utz (Plaintiff) File Number(s): 2015/371616 Publication restriction: Nil