ING fund fiddle denied by court
ING Funds Management may have to resume redemption of funds to investors in two managed funds after the Supreme Court of New South Wales declined to validate attempts to patch up the constitutions of the funds to enable the suspensions.ING, as responsible entity managing the ING Wholesale Enhanced Cash Trust and the ANZ Cash Plus Fund, made a series of attempts in November and December 2008 and January 2009 to patch up defects in the constitutions to provide authority for the decisions already taken to suspend redemptions.The funds were among the many to suspend redemptions in October and November 2008 in the wake of the short-lived savings crisis that saw the introduction of the guarantee on bank deposits under $1 million and that in turn generated a flow of funds out of mortgage funds and cash funds, which do not enjoy a corresponding guarantee.The Supreme Court of NSW last week ruled that ING Funds Management failed to establish its entitlement for relief to tidy up the defective fund documents.ING still faces court challenges by ANZ, which is the asset manager's own business partner, and the Professional Association of Superannuants to force payment of redemption requests on the funds.