Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Limited [2003] FCA 1368

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Limited [2003] FCA 1368

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v LUDGATES CORPORATE AND INVESTMENT ADVISORY SERVICES PTY LIMITED (ACN 053 972 320) N 3037 of 2003 ALLSOP J 6 NOVEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3037 of 2003

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

PLAINTIFF

AND: LUDGATES CORPORATE AND INVESTMENT ADVISORY SERVICES PTY LIMITED (ACN 053 972 320)

FIRST DEFENDANT

BENJAMIN PAUL WHITEHOUSE

SECOND DEFENDANT

JENNIFER MARTINE SISSON

THIRD DEFENDANT

JAMES ADRIAN DEAN

FOURTH DEFENDANT

JUDGE: ALLSOP J

DATE OF ORDER: 6 NOVEMBER 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: (1) The court authorises Gregory Michael Maloney and Peter Ivan Felix Geroff of Ferrier Hodgson to complete the contract entered into (on or about 15 April 2003) by the second defendant with Rentfile Pty Limited in respect of the land, the subject of order (1) made by Sackville J on 5 August 2003. (2) The receivers have their costs on a party/party basis from the fund. (3) Rentfile be entitled to $5000 of its costs from the fund. (4) The interlocutory application filed on 27 October 2003 and dated 24 October 2003 is otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3037 of 2003

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

APPLICANT

AND: LUDGATES CORPORATE AND INVESTMENT ADVISORY SERVICES PTY LIMITED (ACN 053 972 320)