ASIC v Ludgates Corporate & Investment Advisory Services Pty Ltd (No. 2) [2005] FCA 828

FEDERAL COURT OF AUSTRALIA

ASIC v Ludgates Corporate & Investment Advisory Services Pty Ltd (No. 2) [2005] FCA 828 ASIC v LUDGATES CORPORATE & INVESTMENT ADVISORY SERVICES PTY LTD (No. 2) NSD 3037 OF 2003 GRAHAM J 14 JUNE 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 3037 OF 2003

BETWEEN: AUSTRALIAN SECURITIES & INVESTMENTS COMMISSION

APPLICANT

AND: LUDGATES CORPORATE & INVESTMENT ADVISORY SERVICES PTY LTD

FIRST RESPONDENT

BENJAMIN PAUL WHITEHOUSE

SECOND RESPONDENT

JENNIFER MARTINE SISSON

THIRD RESPONDENT

JUDGE: GRAHAM J

DATE OF ORDER: 14 JUNE 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1 Leave to amend the paragraphs of the statement of claim to which the Third Respondent has taken exception, namely those covered by paragraphs 40(iii)-(iv); 46(ii); 52(ii) and (iv)-(v); 58(ii)-(vi) and addition of 30 June 1999 oral recommendation; 70(ii)-(vi) and addition of 30 June 1999 oral recommendation; 76(iv)-(v); 82(iii)-(iv) addition of 2 June 1999 oral recommendation; 88 additional written recommendation added; 94(ii) and (iii); 100(iii); 106(i)-(ii); 112(ii)-(vi); 118(ii)-(iii); 124(ii)-(iii); 130(i)-(iii); 136(i)-(iii); 142(iii); 148(iv)-(vi); 154(iii); 160(vii)-(xii); 166(ii)-(iii); 173(ii)-(vi); 179(ii)-(iv); 187(ii)-(v); 194(ii)-(v); 201(v)-(vi); 213(v)-(vi); 220(ii)-(iii). of the "Third Version of Second Amended Statement of Claim" (Exhibit AA2) is refused. 2 The costs of the application to amend the statement of claim be the Third Respondent's costs in the proceedings. 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 NSD 3037 OF 2003