Australian Securities and Investments Commission v Letten (No 10) [2011] FCA 498

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Letten (No 10) [2011] FCA 498 Citation: Australian Securities and Investments Commission v Letten (No 10) [2011] FCA 498

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v MARK RONALD LETTEN (and others according to the attached schedule)

File number: VID 95 of 2010

Judge: GORDON J

Date of judgment: 13 May 2011

Date of hearing: 13 May 2011

Date of last submissions: 13 May 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 19

Counsel for the Plaintiff: AP Trichardt

Solicitor for the Plaintiff: Australian Securities and Investments Commission

Counsel for the First Defendant: SJ Hibble

Solicitor for the First Defendant: Baker & McKenzie

Counsel for the Receivers: SJ Moloney

Solicitor for the Receivers: Mallesons Stephen Jaques

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 95 of 2010

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Plaintiff

AND: MARK RONALD LETTEN

First Defendant

(and others according to the attached schedule)

JUDGE: GORDON J DATE OF ORDER: 13 MAY 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) (the Act), the second defendant, LGH Holdings Limited (ACN 077 191 943) be wound up. 2. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the second defendant. 3. Pursuant to s 461(1)(k) of the Act, the third defendant, 211 Wellington Road Pty Ltd (ACN 092 663 860) be wound up. 4. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the third defendant. 5. Pursuant to s 461(1)(k) of the Act, the fourth defendant, Bluemist Holdings Pty Ltd (ACN 097 306 922) be wound up. 6. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fourth defendant. 7. Pursuant to s 461(1)(k) of the Act, the fifth defendant, Dellwood Holdings Pty Ltd (ACN 098 505 803) be wound up. 8. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fifth defendant. 9. Pursuant to s 461(1)(k) of the Act, the sixth defendant, Enmore Enterprises Pty Ltd (ACN 082 158 487) be wound up. 10. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the sixth defendant. 11. Pursuant to s 461(1)(k) of the Act, the ninth defendant, Gerling Holdings Pty Ltd (ACN 091 726 457) be wound up. 12. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the ninth defendant. 13. Pursuant to s 461(1)(k) of the Act, the tenth defendant, LGH Administration Pty Ltd (ACN 077 165 069) be wound up. 14. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the tenth defendant. 15. Pursuant to s 461(1)(k) of the Act, the sixteenth defendant, Simms Investments Pty Ltd (ACN 093 504 511) be wound up. 16. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the sixteenth defendant. 17. Pursuant to s 461(1)(k) of the Act, the eighteenth defendant, The Glen Centre Hawthorn Pty Ltd (ACN 089 906 543) be wound up. 18. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the eighteenth defendant. 19. Pursuant to s 461(1)(k) of the Act, the nineteenth defendant, Castello Holdings Pty Ltd (ACN 088 204 175) be wound up. 20. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the nineteenth defendant. 21. Pursuant to s 461(1)(k) of the Act, the twentieth defendant, Twinview Nominees Pty Ltd (ACN 097 307 278) be wound up. 22. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the twentieth defendant. 23. Pursuant to s 461(1)(k) of the Act, the forty-sixth defendant, Melville Corporation Pty Ltd (ACN 091 911 045) be wound up. 24. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the forty-sixth defendant. 25. Pursuant to s 461(1)(k) of the Act, the forty-seventh defendant, Tilley Lane Pty Ltd (ACN 086 136 361) be wound up. 26. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the forty-seventh defendant. 27. Pursuant to s 461(1)(k) of the Act, the forty-eighth defendant, HPSC Pty Ltd (ACN 059 930 139) be wound up. 28. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the forty-eighth defendant. 29. Pursuant to s 461(1)(k) of the Act, the forty-ninth defendant, Jensdale Pty Ltd (ACN 098 367 974) be wound up. 30. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the forty-ninth defendant. 31. Pursuant to s 461(1)(k) of the Act, the fiftieth defendant, Oakdale Rise Pty Ltd (ACN 091 598 908) be wound up. 32. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fiftieth defendant. 33. Pursuant to s 461(1)(k) of the Act, the fifty-first defendant, Maywood Investments Pty Ltd (ACN 091 599 218) be wound up. 34. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fifty-first defendant. 35. Pursuant to s 461(1)(k) of the Act, the fifty-second defendant, Acetrain Pty Ltd (ACN 100 820 282) be wound up. 36. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fifty-second defendant. 37. Pursuant to s 461(1)(k) of the Act, the fifty-third defendant, Sagebay Pty Ltd (ACN 097 306 628) be wound up. 38. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fifty-third defendant. 39. Pursuant to s 461(1)(k) of the Act, the fifty-fourth defendant, Tobago Holdings Pty Ltd (ACN 093 504 520) be wound up. 40. Damian John Templeton and Philip Hennessy of KPMG be appointed joint and several liquidators of the fifty-fourth defendant. 41. The plaintiff's costs of the winding up applications be taxed and reimbursed in accordance with sub-s 466(2) of the Act. 42. The hearing of the further amended originating process be otherwise adjourned. 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.