Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Ltd [2004] FCA 1689

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Ltd [2004] FCA 1689 Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Ltd (In LIQ) AND ORS nsd 3037 of 2003 ALLSOP J 7 DECEMBER 2004 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 3037 of 2003

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

APPLICANT

AND: LUDGATES CORPORATE & INVESTMENT ADVISORY SERVICES PTY LTD (in liq)

FIRST RESPONDENT

BENJAMIN PAUL WHITEHOUSE

SECOND RESPONDENT

JENNIFER MARTINE SISSON

THIRD RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 7 DECEMBER 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The hearing dates commencing on 31 January 2005 be vacated. 2. The second respondent himself, or through his retained solicitor on the record, on or before 11 February 2005, file and serve an affidavit stating whether or not these proceedings are to be defended and if they are, whether on a represented basis or not. 3. The matter be stood over for hearing to commence Monday, 30 May 2005 at 10.15 am in Sydney, subject to variation of the venue to be decided in due course. 4. Leave be granted to the second respondent to approach my associate in chambers for a return date in January of any cross-claim against any insurer. 5. The matter be stood over for video-link directions to Tuesday, 22 February 2005 at 10.30am (Sydney time), 9.30 am Brisbane Time. 6. The second respondent to pay the applicant's costs of the notice of motion. 7. The question of indemnity costs for this notice of motion be reserved. 8. The third respondent's costs be her costs in the cause. 9. The costs of the directions hearing of 22 February 2005 be paid by the second respondent. 10. Grant leave to the second and third respondents to file and serve prior to 22 February 2005 any affidavits in answer to the applicant's case. 11. Liberty to apply on 3 days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.