19 September 2012

Perpetual Trust: Trustees Executors v. Perpetual Trust


High Court orders have smoothed the way for Perpetual Mortgage Fund to be wound up.  The fund is illiquid.  It cannot honour the 437 redemption requests outstanding as at 11 September 2012 seeking payment of $18.3 million due to investors.
Investors learned in July 2012 that Perpetual was not able to honour Mortgage Fund redemption requests.  A court-ordered moratorium was imposed and two independent observers, Ms Fatupaito and Mr Duffy, were appointed to oversee Fund management.  This followed regulatory concerns about loans totalling $28.2 million made to business interests related to Perpetual.  The loans have since been repaid but investor nervousness about the probity of Perpetual management caused a run on its investment funds.
The Securities Act allows investment funds to be brought under judicial control where there is a significant risk that investors will be harmed.
The High Court was told that Perpetual’s Mortgage Fund is illiquid and cannot meet the avalanche of redemption requests.  Assets held by the fund may be insufficient to repay investors in full.  Short of a winding up, there is a risk some investors will be paid in full while others paid later may not.  This raises the possibility of unequal payouts to Mortgage Fund investors.
The Court was also told of concerns that further related party lending could be sourced from the Perpetual Cash Fund.
Court orders were made streamlining the process for winding up the Perpetual Mortgage Fund and to block any potential related party lending from the Perpetual Cash Fund.
Trustees Executors v. Perpetual Trust – High Court (19.09.12)
12.028