In the matter of Investa Listed Funds Management Limited as responsible entity for the Armstrong Jones Office Fund and the Prime Credit Property Trust [2018] NSWSC 1362

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Investa Listed Funds Management Limited as responsible entity for the Armstrong Jones Office Fund and the Prime Credit Property Trust [2018] NSWSC 1362 Hearing dates: 16 August 2018 Decision date: 16 August 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Direct that the Plaintiff is justified in distributing the supplementary explanatory memorandum to unitholders; adjourning a meeting of unitholders previously ordered to be held to 29 August 2018; and vacate the earlier date of the second court hearing and now list that hearing on 30 August 2018. Catchwords: CORPORATIONS – managed investments – judicial advice sought under s 63 of the Trustee Act 1925 (NSW) by responsible entity – where responsible entity sought judicial advice that it would be justified in distributing supplementary explanatory memorandum to unitholders – where responsible entity sought judicial advice that it would be justified in adjourning meeting of unitholders – whether advice sought should be given. Legislation Cited: - Corporations Act 2001 (Cth) s 253E Cases Cited: - Investa Listed Funds Management Ltd (as responsible entity of Armstrong Jones Office Fund & Anor) [2016] NSWSC 369 - Re Investa Listed Funds Management Ltd (as responsible entity of Armstrong Jones Office Fund: ARSN 090242229) [2016] NSWSC 344 Category: Procedural and other rulings Parties: Investa Listed Funds Management Limited as responsible entity for the Armstrong Jones Office Fund and the Prime Credit Property Trust (Plaintiff) Representation: Counsel: P M Wood/N M Bender (Plaintiff) J Stoljar SC (Investa Wholesale Funds Management Limited in its capacity as responsible entity of the Investor Commercial Property Fund and ICPF Holdings Limited) M Oakes SC (Quartz Bidco Pty Ltd and Quartz Sub TC Pty Ltd)