KordaMentha Pty Ltd v The Members of the LM Managed Performance Fund

1. The applicant's costs of and incidental to the application filed 8 December 2020 be paid out of the assets of the Fund, on the indemnity basis.

[1] I adopt the term used in the applicant's submissions and will refer to the beneficiaries as members in these reasons.

[2] Statement of Facts at [11]-[12].

[5] Amended orders of Martin J dated 18 March 2014; Statement of Facts at [16].

[8] Villani affidavit at [102]-[103].

[9] And any court documents filed by the applicant in respect of that application, which the applicant seeks to serve on the respondent.

[10] [1990] UKPC 44; [1991] 3 All ER 198.

[11] [2008] HCA 42; (2008) 237 CLR 66.

[17] Togito Pty Ltd v Pioneer Investments (Aust) Pty Ltd [2011] QCA 167 at [57]- [58] per Chesterman JA with whom the other members of the Court of Appeal agreed.

[18] Re Estate Late Chow Cho-Poon [2013] NSWSC 844 at [199].

[19] Corbiere & Anor v Dulley & Ors [2016] QSC 134 at [29] per Burns J.

[20] Macedonian Orthodox Community Church St Petka Inc v His Eminence Petar The Diocesan Bishop of The Macedonian Orthodox Diocese of Australia and New Zealand [2008] HCA 42; (2008) 237 CLR 66 at [80]- [81].

[21] [2006] NSWSC 943; (2006) 59 ACSR 113 at 118-119.

[22] (1991) 24 NSWLR 674 at 679.

[23] [2006] NSWSC 943; (2006) 59 ACSR 113 at 121.

[24] Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83 at 85.

[25] [2019] FCA 672.

[26] [2006] NSWSC 943; (2006) 59 ACSR 113 at 127-128 [63]- [66].

[27] Statement of Facts at [31]-[32].

[29] Twelve emails referred to in the supplementary submissions and one email referred to in the supplementary submissions in reply.

[30] Affidavit of S Clisby filed 9 February 2021 at [15]; Affidavit of D Johnstone at [14].

[31] Three emails referred to in the supplementary submissions and one email referred to in the supplementary submissions in reply.

[33] Villani affidavit at [172.4]-[172.5].

[35] Affidavit of S Clisby sworn 26 February 2021 at [21]; Exhibit SC-12.

[36] Affidavit of S Clisby sworn 26 February 2021 at [24]-[27]; Exhibit SC-12.

[37] Affidavit of S Clisby sworn 26 February 2021 at [32]-[33]; Exhibit SC-12.

[38] The confidential legal advice has been provided to the Court as part of the evidence in support of the application.

[40] Australian Securities and Investments Commission v Tasman Investment Management Ltd [2006] NSWSC 943; (2006) 59 ACSR 113 at 121 [32].

[41] [2009] VSC 510; (2009) 74 ACSR 626 at [80].