Australian Securities and Investments Commission v Australian Lending Centre Pty Limited [2010] FCA 1138

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Australian Lending Centre Pty Limited [2010] FCA 1138 Citation: Australian Securities and Investments Commission v Australian Lending Centre Pty Limited [2010] FCA 1138

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v AUSTRALIAN LENDING CENTRE PTY LIMITED & ORS

File number(s): NSD 606 of 2010

Judge: EMMETT J

Date of judgment: 8 October 2010

Date of hearing: 8 October 2010

Place: Sydney

Division: GENERAL

Category: No Catchwords

Number of paragraphs: 9

Counsel for the plaintiff: D.L. Cook

Solicitor for the plaintiff: Australian Securities and Investments Commission

Counsel for the defendants: C. Newlinds SC & J. Giles

Solicitor for the defendants: S Moran & Co

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 606 of 2010

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: AUSTRALIAN LENDING CENTRE PTY LIMITED

First Defendant

SYDNEY LENDING CENTRE PTY LIMITED

Second Defendant

AMR INVESTMENTS PTY LIMITED

Third Defendant

CHRISTOPHER JOHN RIOTTO

Fourth Defendant

JUDGE: EMMETT J DATE OF ORDER: 8 October 2010 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion filed on 27 August 2010 be dismissed. 2. The statement of claim filed on 6 July 2010 be struck out. 3. The plaintiff serve on the defendants, no later than 29 October 2010, its proposed amended statement of claim. 4. The defendants notify the plaintiff in writing no later than 5 November 2010, any objections to the proposed amended statement of claim, together with the grounds for any such objections. 5. The plaintiff indicate in writing to the defendants, no later than 10 November 2010, whether it wishes to make further amendments in the light of the notification by the defendants. 6. The plaintiff pay the defendants' costs of the motion together with any costs thrown away by reason of any amended statement of claim that may be filed. 7. Leave be granted to the defendants to assess or have taxed those costs referred to in paragraph 6 above, noting that the defendants have foreshadowed that they may wish to make an application for an order that the costs be paid forthwith. 8. The proceeding be listed for directions on Friday, 12 November 2010 at 9:30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.