Australian Securities and Investments Commission v Letten (No 11) [2011] FCA 499

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Letten (No 11) [2011] FCA 499 Citation: Australian Securities and Investments Commission v Letten (No 11) [2011] FCA 499

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: 25

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

NOTE: For the purpose of this order, "Receivers" has the meaning ascribed to it in the Orders of Justice Gordon made in this proceeding on 25 February 2010, 4 March 2010 and 30 July 2010.

THE COURT ORDERS THAT:

1. The Receivers are justified in settling the contract of sale entered into by the Receivers on 8 April 2011 in relation to the land, buildings and fixtures located at: (A) 128-136 Low Head Road, George Town, Tasmania; and (B) the Low Head Tourist Park business located at 136 Low Head Road, George Town, Tasmania; exhibited at exhibit DJT-101 to the Twenty-Fourth Affidavit of Damian John Templeton, sworn 11 April 2011. 2. The Receivers are justified in allowing the entry into possession of the property at 40 Gunn Parade, Low Head Tasmania, by the secured lender, Tasmanian Perpetual Trustees Limited. 3. Until further order, Confidential Exhibit DJT-95 and Exhibit DJT-96 to the Twenty-Fourth Affidavit of Damian John Templeton, sworn 11 April 2011, and any transcript which was made of the hearing which took place in this proceeding at 10:15am on Friday 13 May 2011 be placed in a sealed envelope and marked "Confidential: No access without leave of a judge of the Court." 4. Until further order, pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), there be no publication of Confidential Exhibit DJT-95 and Exhibit DJT-96 to the Twenty-Fourth Affidavit of Damian John Templeton sworn 11 April 2011 or any transcript which was made of the hearing which took place in this proceeding at 10:15am on Friday 13 May 2011 other than to the Plaintiff and its legal representatives, the legal representatives of the defendants, legal representatives of the non-parties heard on the application, judges of the Court, judges' associates and executive assistants and the Receivers and their legal representatives and staff. 5. The proceedings be adjourned to a date to be fixed. 6. Costs reserved. 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.