1 Jun 2012
FORRESTERS NOMINEE COMPANY LTD & HUBBARD CHURCHER TRUST MANAGEMENT LTD HC TIM CIV-2011-476-000642
- Citation
- openlaw-e4392088_cc22_46d1_a908_72074d2559ca.pdf
- Court
- High Court
Tracing-eligible assets will be isolated; because investor statements and records were unreliable, allocations were often retrospective and funds were mixed, the Court rejected the PIP bespoke-allocation approach and directed interim distribution by a pooling method (the second pooling method advanced by Mrs Hubbard: return capital to investors with positive net cash in, then distribute surplus by a time-weighted compound interest formula), as it best balances fairness, reflects investor expectations, and is practicable and cost-effective.
- Distribution of pooled assets
- Pari-passu distribution
- Tracing of assets
- Investor expectations
- Reconciliation of investor statements
- Pooling vs bespoke portfolio allocation