OCV octaviar limited

I welcome myself back into this forum’s fold. This bout of...

  1. 7,867 Posts.
    I welcome myself back into this forum’s fold.
    This bout of perambulatory traveling behind; next one coming this September.
    Plenty of time to disperse some misrepresentations still occurring and little effort made to correct them.

    Firstly, let’s cement our understanding of ASIC – WC tug of war:
    WELLINGTON CAPITAL LTD v AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION & ANOR (S275/2013) Court appealed from:
    Full Court of the Federal Court of Australia [2013] FCAFC 52
    ----------------------------------------------
    " On 28 May 2013 the Full Court of the Federal Court (Jacobson, Gordon & Robertson JJ) unanimously allowed ASIC’s appeal.
    Their Honours held that the constitution must be viewed through the prism of trust law, as Wellington held the Fund’s property on trust pursuant to s 601FC(2) of the Act.
    The Full Court found that “members” in s 124(1)(d) of the Act meant only members of a company, not members of a managed investment scheme. Their Honours held that clause 13.2.5 of the constitution addressed Wellington’s power (as trustee) to deal with commercial parties in respect of the Fund’s property. It did not override the Act.
    The Full Court then declared that Wellington, by making the Transfer, had operated the Fund in contravention of both the Act and the constitution, thereby contravening s 601FB(1) of the Act.6

    On 29 January 2014 the Appellant filed a summons, seeking leave to rely upon an amended notice of appeal.
    The grounds of that amended notice of appeal include:
    • The Full Court erred in holding that clauses 13.1 and 13.2.5 of the Constitution of the Fund did not authorise the Appellant to make an in specie distribution of the shares in ARL to the unit holders of the Fund.
    • The Full Court erred in failing to hold that the unit holders of the Fund to whom the ARL shares were distributed became members of ARL at that time having prospectively assented to becoming members, for the purposes of s 231(b) of the Act, by acquiring units in the Fund. "
    ----------------------------------------------
    Still ongoing and with clear implications of any ARL activity being in danger of annulment.

    Secondly, I pleaded the case for Investor Action Group site re-instatement and have great pleasure in seeing this achieved.
    More vital and interesting PIF news are afoot there.

    Sadly, I can’t say the same about re-instating Monday Mirth feature on this revitalized, re-engineered OCV Forum site.
    This is part of the condition exacted on me for forum presence resurrection.
    And I agreed with glee to abide by these commitments and especially to uphold Forum Principles enunciated in its signature slogan:
    “Support your Freedom of Speech on HotCopper”

    Hope for more felicitous tidings on IAG site,

    Regards,
 
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