Full Court Minute Books

Case S39/2014

MacarthurCook Fund Management Limited & Anor v. TFML Limited

Case No.


Case Information

Lower Court Judgment

3/09/2013 Supreme Court of New South Wales (Court of Appeal) (McColl JA, Macfarlan JA, Meagher JA)

[2013] NSWCA 291


Corporations – Corporations Act 2001 (Cth) Ch 5C, Part 5C.6 – Managed investment schemes – Subscribed units held by appellant provided for redemption after 12 months - Respondent suspended withdrawals of trust units – Whether Part 5C.6 governs all exits from managed investment scheme – Whether prohibition in s 601KA(3)(b) applies to every power of compulsory redemption of units in registered managed investment scheme – Whether concept of “withdrawal” used in Part 5C.6 requires element of volition by withdrawing member.

Short Particulars


14/02/2014 Hearing (SLA, Sydney)

24/02/2014 Notice of appeal

07/03/2014 Written submissions (Appellants)

07/03/2014 Chronology (Appellants)

21/03/2014 Written submissions (Respondent)

28/03/2014 Reply

04/04/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

14/05/2014 Judgment  (Judgment summary)