A communication bloated with the first person, "we" and "our" (not relating to its client) - when one writes on behalf of a client, one uses the term "my client", or on behalf of a firm, "our client", this document from Piper Alderman is most certainly not merely one sent on behalf of its client, but rather from itself also.
Examples of Piper Alderman's content "We remain", "We think the approach is not appropriate", "It is also our firm view". Seems to me that Piper Alderman meddles too much, and it could very well be that investors might be getting sick and tired of that meddling.
"In Equititrust the RE remained with liquidators in control and receivers are in control of the assets with two sets of fees being incurred and sought to be recovered from that LMFMIF." - well, No Trust might comment on this little gem. A read of the "Equititrust" thread on ASF might be illuminating:
https://www.aussiestockforums.com/forums/showthread.php?t=19877&page=162 [see post 3230]
Also see:
http://equititrust.com.au/Pdfs/Receiver/Receivers Reports - 20130418 - 12th Report to Investors.pdf [para 2.3 on page 4]
Let's not forget, Piper Alderman is meddling in Equititrust too.
It's great to see investor participation and it's great to see documents posted by members.
It's refreshing to see ASIC take a more active (and positive) role - I only wish they'd acted for the PFMF back in 2009.
... Sorry ASICK but yes I am still persuing this matter with LM, FTI, Trilogy and my Platform BT/Asgard
... This issue has been taken up with LM and FTI on a number of occasions by various investors but we are being stonewalled with non answers. With an unwillingness to answer, one can't help feeling that they have something to hide. ...
... Since, it has been mentioned several times here, that this forum is followed closely by LM, FTI, PA and Trilogy, it would be good for one of them to add their piece to this forum and offer some sort of an detailed explanation with regard to this inequality. Go on, feel free to have your say. After all, anonymity can be maintained and there is always the use of private email on this forum.
I am not sure if this has been made public yet or not, but just a note to say that for the 13th May Supreme Court hearing for FMIF, ASIC has now filed an affidavit for an independent receiver - and now even Piper Alderman have filed for an independent receiver as Plan B, if their original Plan A application to switch from FTI to Trilogy is not approved by the court !
Regards.
There's been talk from various parties about the appointment of a receiver to a managed investment scheme constituting a duplication of costs for fund members. That is, a fund would be liable for both the receiver's costs and the manager's (responsible entity's) costs.
I don't think it's possible for a responsible entity to continue claiming a fee once a receiver has been appointed - I think the appointment of a receiver invalidates the management contract due to frustration of that contract - the contract arising out of the PDS/constitution, pursuant to the relevant law. After all, with a receiver appointed, the manager is no long able to manage the fund and can no longer fulfil its obligations to members of the fund.
In the circumstances, it would be unjust for members of a fund to suffer duplication of costs in the event a receiver is appointed by a court to that fund.
"Frustration/Subsequent impossibility - A frustrating event is an extreme supervening event occurring after the formation of the contract which makes further performance impossible, or so radically different to that envisaged, that it would be unjust for the contract to continue."
http://www.google.com.au/url?sa=t&r...woHoCA&usg=AFQjCNHh7T6VK4_-kOlSyc04hCnSvJPWeg [Page 6: 4. Other matters that may invalidate a contract - Frustration/Subsequent impossibility]
Latest info on LM site - FTI Litigation -Affidavit Stephen Russell dated 6 May is very lengthy, but seems to say that FTI don't want a Receiver appointed, as well as other points.
God knows how the court will get through all this and other Material and make an informed decision
I looked and looked, and found it:
http://www.lminvestmentadministration.com/litigation
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