Aspen Parks Property Fund 01 and 02

The Panel, Christian Johnston, Nora Scheinkestel (sitting President) and Robert Sultan, declined to conduct proceedings on an application by Discovery Parks, and an application by Discovery Parks and Martin Cotterell as trustee for the Marlee Superannuation Fund, in relation to the affairs of Aspen Parks Property Fund. The applications concerned (among other things) an entitlement offer made by Aspen Parks and whether disclosure should have been made earlier of an indicative and later final conditional proposal by Discovery Parks to acquire assets of Aspen Parks. Given the lateness of the applications, the Panel considered that the facts presented were not such as to warrant further delaying the timetable of the entitlement offer, which could be unfairly prejudicial.