Investa Listed Funds Management Limited (as responsible entity of Armstrong Jones Office Fund & Anor) [2016] NSWSC 369

Supreme Court New South Wales

Medium Neutral Citation: Investa Listed Funds Management Limited (as responsible entity of Armstrong Jones Office Fund & Anor) [2016] NSWSC 369 Hearing dates: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: Leave granted for third party to be heard as intervenor in judicial advice application under s 63 of the Trustee Act 1925 (NSW). Judicial advice sought by Applicant given. Catchwords: CORPORATIONS — Managed investments – Judicial advice sought under s 63 of the Trustee Act 1925 (NSW) by responsible entity – where third party sought leave to be heard as intervenor – where responsible entity sought judicial advice that it would be justified adjourning extraordinary general meetings of security holders to allow time for consideration of resolutions – where responsible entity sought judicial advice that it would be justified publishing and distributing supplementary explanatory memorandum to registered unit holders – whether leave to be heard should be granted to intervenor – whether advice sought should be given. Legislation Cited: - Corporations Act 2001 (Cth), ss 447D, 479 - Trustee Act 1925 (NSW), s 63 Cases Cited: - Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher (as liquidators of Octaviar Administration Pty Ltd (in liq) [2015] NSWCA 85; (2015) 105 ACSR 581 - Macedonian Orthodox Community Church St Petka Incorporated v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 - Re Centro Retail Ltd (in its capacity as responsible entity of Centro Retail Trust) [2011] NSWSC 1321 - Re Investa Listed Funds Management Ltd (as responsible entity of Armstrong Jones Office Fund) [2016] NSWSC 344 - Strawbridge v Retail Adventures Pty Ltd (admin apptd) [2013] FCA 891; (2013) 95 ACSR 121 Category: Procedural and other rulings Parties: Investa Listed Funds Management Limited (as responsible entity of Armstrong Jones Office Fund) (First Plaintiff) Investa Listed Funds Management Limited (Second Plaintiff) Representation: Counsel: D F C Thomas (Plaintiffs) N C Hutley SC (Intervenor)