31 Oct 2008
HENDERSON GLOBAL FUNDS AND ANOR V SECURITIES COMMISSION HC WN CIV-2006-485-1376
- Citation
- openlaw-0d3eef22_c25c_49e8_8cda_b5b4b4d4283f.pdf
- Court
- High Court
Relief was denied for the objecting investors because the applicant failed to satisfy the Court on the balance of probabilities that all substantive disclosure had in fact been received by the objectors; the InvestorNet 'confirmation' mechanism was insufficient to establish receipt as defined in the Act and left a real doubt about receipt, and accordingly it was not "just and equitable" to grant relief under s37AH for those objectors (relief granted for certain investors who did not object or withdrew objections).