Wellington Capital PIF/Octaviar (MFS) PIF

Chifley Wollongong – update

As announced on 11 March 2013 Wellington Capital Limited as Responsible Entity of the Premium Income Fund realised the Fund’s 57.5% interest in the Harbour Street Development Trust for $8.9 million, payable over time.

The first payment was due and paid on 28 February 2013 for an amount of $1.6 million. A further $2.5 million was due to be paid in June 2014 with the remaining $4.8 million to be paid in December 2014.

The repayment of the $2.5 million due to be paid in June 2014 is not able to be made, consequently Wellington Capital Limited as Responsible Entity of the Premium Income Fund has insisted the Chifley Hotel at Wollongong, being the primary asset of the Harbour Street Development Trust, be marketed for sale and sold and the proceeds after the repayment of the first mortgagee be utilised to repayment of the money due to the Fund. An additional $4.8 million is due to be paid in December 2014 or on completion of the sale of the Hotel, whichever is earlier.

The property is currently being taken to market through specialist hospitality hotel agents, Jones Lang LaSalle.

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seamisty said:

For the purpose of record keeping:::

http://www.hcourt.gov.au/assets/cases/s275-2013/Wellington_Chrono.pdf

IN THE HIGH COURT OF AUSTRALIA
SYDNEY OFFICE OF THE REGISTRY No. S275 of 2013
BETWEEN:
HIGH COURT OF AUSTRAL!.~ l
FILED
WELLINGTON CAPITAL LIMITED
Appellant
and
1 3 DEC 20i3
1 0 A STRALIAN SECURITIES & INVESTMENTS COMMISSION
THE REGISTRY SYDNEY First Respondent
Part I:
PERPETUAL NOMINEES LIMITED
Second Respondent
APPELLANT'S CHRONOLOGY
20 I certify that this chronology is in a form suitable for publication on the internet.
Part II:
The following table sets out a chronology of the principal events in the litigation:
4 September 2012
4 September 2012
Wellington Capital Limited
(Wellington), the Responsible
Entity of the Premium Income Fund
(PIF), sold $90.75 million in assets
to Asset Resolution Limited (ARL)
830,532,768 shares in ARL issued to
Perpetual Nominees Limited
(Perpetual) as custodian of the
PIF.
Filed on behalf of the Appellant by: Date of this document: 11 December
McCullough Robertson Lawyers 2013
Level 11 Central Plaza Two 66 Eagle
Street
BRISBANE QLD 4000
GPO Box 1855, BRISBANE QLD 4001
Contact: Guy Humble
Re~ 146364-00058
Phone: (07) 3233 8844
Fax: (07) 3229 9949
Email: ghumble@mccullough.com.au
-2-

4 September 2012 Wellington resolved to instruct
Perpetual to transfer the ARL shares
to the unit holders in the PIF, in
proportion to the number of units
held by each unit holder.
4 September 2012 Wellington instructed Perpetual to
effect the ARL share transfer.
4 September 2012 Perpetual signed a master transfer
form for the purpose of transferring
the ARL shares to the unit holders.
4 September 2012 The signed master transfer form
was provided to Armstrong Registry
Services Limited (Armstrong), the
registry service provider for
Wellington, to effect the transfer of
the ARL shares to each unit holder
in the PIF.
4 September 2012 The Wholesale Premium Income
Fund (WPIF) received ARL shares
because it held units in the PIF.
5 September 2012 The transfer of the shares was
completed.
5 September 2012 Wellington announced to the
National Stock Exchange (NSX) the
sale by it of $90.75 million in assets
to ARL, and transfer of the shares.
7 September 2012 The details of the new ARL
shareholders were sent to a printing
company for the purposes of
providing holding statements to unit
holders.
by 19 September The holding statements had been
2012 printed and dispatched to all holders
of ARL shares, together with a copy
of the 5 September announcement.
20 September 2012 Wellington, as Responsible Entity for
the WPIF, resolved to make an in
specie distribution of the ARL shares
to the unit holders in the WPIF, in
proportion to the number of units
11 October 2012
17 October 2012
7 November 2012
17 May 2013
28 May 2013
8 November 2013
held by each unit holder.
ASIC commenced proceedings in the
Federal Court of Australia.
Hearing before Jagot J in the
Federal Court of Australia. Charles
Hodges and IOOF joined to the
proceeding as representative
parties.
Notice of Appeal Filed in Full Court
of Federal Court of Australia.
Appeal hearing in Full Court of
Federal Court of Australia before
Jacobson J, Gordon J and Robertson
J.
Judgment in Full Court of Federal
Court of Australia.
Grant of Special Leave by the High
Court of Australia.
Dated 11 December 2013
1 0 Guy John Humble
20
Solicitor for the Appellant
Telephone: (07) 3233 8844
Facsimile: (07) 3229 9949
Email: ghumble@mccullough.com.au

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seamisty said:

ASS Shares are on the way up, still worth stuff all in the grand scheme of things considering the huge consolidation we were lumped with by current management ARL who have not made a single acquisition that I am aware of or a distribution of any kind.

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