CORPORATIONS — Corporations Act 2001 (Cth) ("the Act") Ch 5C, Part 5C.3 and Part 5C.6 — managed investment schemes — CONTRACT — where member subscribes for units in a managed investment scheme on terms that the units will be redeemed by the responsible entity at a specific time — whether Pt 5C.6 of the Act applies to require the responsible entity to make a written withdrawal offer — if Pt 5C.6 applies, whether subscription contract was sufficient compliance with any such requirement — whether, in any event, the responsible entity was contractually bound to make such an offer — CORPORATIONS — Pt 5C.2 — where entity which is the responsible entity of a managed investment scheme purports to contract in its capacity as responsible entity and separately in its personal capacity and undertakes the obligation to purchase units which are not redeemed by it in its capacity as responsible entity — where change in responsible entity occurs — whether the obligation to purchase was in relation to the scheme and became the obligation of the new responsible entity — DAMAGES — claim for damages for failure to redeem or purchase units in breach of contract
Case Details
Citation[2012] NSWSC 911
CourtNSWSC
JurisdictionNew South Wales
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