In the matter of AMP Capital Funds Management Limited (in its capacity as responsible entity of the AMP Capital China Growth Fund (ARSN 122 303 744)) [2016] NSWSC 986

Supreme Court New South Wales

Medium Neutral Citation: In the matter of AMP Capital Funds Management Limited (in its capacity as responsible entity of the AMP Capital China Growth Fund (ARSN 122 303 744)) [2016] NSWSC 986 Hearing dates: Monday, 27 June 2016 Date of orders: 27 June 2016 Decision date: 18 July 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: AMP Life Limited not entitled to vote its interests on proposed resolutions at extraordinary general meeting of unit holders of AMP Capital China Growth Fund on 28 July 2016 Catchwords: CORPORATIONS – meetings – voting – responsible entity and associates – construction of (CTH) Corporations Act 2001, s 253E – where responsible entity has interest in resolution other than as a member – whether associate of responsible entity permitted to vote Legislation Cited: (CTH) Corporations Act 2001, s 11, s 12, s 191(1), s 253E, s 253G (CTH) Life Insurance Act 1995 (NSW) Trustee Act 1925, s 63 Cases Cited: Australian Olives Ltd v Livadaras [2008] FCA 1407 Bruce v LM Investment Management Ltd (admins apptd) (in its capacity as responsible entity of the LM First Mortgage Income Fund) [2013] QSC 192; (2013) 94 ACSR 684 C & C Fisher Pty Ltd v Livadaras (2010) 265 ALR 301 Everest Capital Ltd (ATF EBI Income Fund) v Trust Company Ltd (2010) 77 ACSR 371 Great Southern Managers Australia Ltd (recs and mgrs apptd) (in liq), Re (2009) 76 ACSR 146 lnvesta Listed Funds Management Limited (as responsible entity of Armstrong Jones Office Fund), In the matter of [2016] NSWSC 344 Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 Macquarie Private Capital A Limited, Re [2008] NSWSC 323 Mesa Minerals Ltd, Re (2010) 79 ACSR 1 Southern Wine Corporation Pty Ltd (in liq) v Perera [2006] WASCA 275; (2006) 33 WAR 174; 61 ACSR 40; 206 FLR 354 Category: Principal judgment Parties: AMP Capital Funds Management Limited (in its capacity as responsible entity of the AMP Capital China Growth Fund (ARSN 122 303 744))(plaintiff) AMP Life Limited (first defendant) LIM Asia (second defendant) Representation: Counsel: I M Jackman SC w S M Nixon (plaintiff) B Walker SC w H Cairns (first defendant) A Leopold SC w D Birch (second defendant)