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austlii:cth/ATP/2025/31
General information, not legal advice.
ATP
2025-09-09
Original judgment source is linked above.
[1] A stapled security in ECF comprises one unit in the Elanor Commercial Property Fund I stapled to one unit in the Elanor Commercial Property Fund II
[2] The Lederer Family Office held ECF securities through PEJR Investments Pty Ltd as trustee for the Lederer Investment Trust (which held 22.39% of the ECF securities on issue) and Paul Lederer Pty Ltd as trustee for the Lederer Superannuation Fund (which held 5.15% of the ECF securities on issue)
[3] LDR Capital is a new real estate funds management platform established for the purpose of managing the real estate assets of the Lederer Family Office and other investors
[4] Confirmation via an email to the Panel executive at 5:34pm on 2 September 2025
[5] See Guidance Note 5: Specific Remedies - Information Deficiencies at [9] and [23]
[6] The Panel in InterMet Resources Limited [2008] ATP 17 made a similar observation, stating (at [34]) that in that matter the raising of several minor disclosure issues detracted from the other issues (and from the overall credibility of the application) and made it difficult for the Panel to determine the substantive issues
[7] See Guidance Note 5: Specific Remedies - Information Deficiencies at [24]
[8] ECF provided consent of early despatch and the Replacement Bidder's Statement was despatched to ECF securityholders on 11 September 2025
[9] See generally Guidance Note 5: Specific Remedies - Information Deficiencies
Nitro Software Limited [2023] ATP 2, InterMet Resources Limited [2008] ATP 17