Australian Securities and Investments Commission v Letten (No 15) [2011] FCA 1268

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Letten (No 15) [2011] FCA 1268 Citation: Australian Securities and Investments Commission v Letten (No 15) [2011] FCA 1268

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: 4 November 2011

Date of hearing: 4 November 2011

Date of last submissions: 4 November 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 18

Counsel for the Plaintiff: Mr AP Trichardt

Solicitor for the Plaintiff: Australian Securities and Investments Commission

Counsel for the Receivers: R Strong

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: 4 NOVEMBER 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) (the Act), the seventh defendant, Firbank Arch Pty Ltd (ACN 059 464 381) be wound up. 2. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the seventh defendant. 3. Pursuant to s 461(1)(k) of the Act, the eighth defendant, Glenline Pty Ltd (ACN 098 532 364) be wound up. 4. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the eighth defendant. 5. Pursuant to s 461(1)(k) of the Act, the eleventh defendant, LGH Finance Pty Ltd (ACN 078 859 248) be wound up. 6. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the eleventh defendant. 7. Pursuant to s 461(1)(k) of the Act, the twelfth defendant, Low Head Village Pty Ltd (ACN 091 731 958) be wound up. 8. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twelfth defendant. 9. Pursuant to s 461(1)(k) of the Act, the thirteenth defendant, Nicholson Street Pty Ltd (ACN 069 104 089) be wound up. 10. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirteenth defendant. 11. Pursuant to s 461(1)(k) of the Act, the fourteenth defendant, Holloway Crest Pty Ltd (ACN 091 731 967) be wound up. 12. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the fourteenth defendant. 13. Pursuant to s 461(1)(k) of the Act, the fifteenth defendant, Rosebery Enterprises Pty Ltd (ACN 091 826 229) be wound up. 14. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the fifteenth defendant. 15. Pursuant to s 461(1)(k) of the Act, the twenty-first defendant, Yarra Valley Golf Pty Ltd (ACN 066 632 479) be wound up. 16. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-first defendant. 17. Pursuant to s 461(1)(k) of the Act, the twenty-second defendant, Adina Rise Pty Ltd (ACN 083 181 122) be wound up. 18. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-second defendant. 19. Pursuant to s 461(1)(k) of the Act, the twenty-third defendant, Albright Investments Pty Ltd (ACN 088 204 166) be wound up. 20. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-third defendant. 21. Pursuant to s 461(1)(k) of the Act, the twenty-fourth defendant, Ashfield Rise Pty Ltd (ACN 093 504 806) be wound up. 22. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-fourth defendant. 23. Pursuant to s 461(1)(k) of the Act, the twenty-fifth defendant, Bradfield Corporation Pty Ltd (ACN 088 204 371) be wound up. 24. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-fifth defendant. 25. Pursuant to s 461(1)(k) of the Act, the twenty-sixth defendant, Copeland Enterprises Pty Ltd (ACN 093 504 824) be wound up. 26. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-sixth defendant. 27. Pursuant to s 461(1)(k) of the Act, the twenty-seventh defendant, Devlin Way Pty Ltd (ACN 088 264 813) be wound up. 28. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-seventh defendant. 29. Pursuant to s 461(1)(k) of the Act, the twenty-eighth defendant, First Hazelwood Pty Ltd (ACN 093 505 303) be wound up. 30. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-eighth defendant. 31. Pursuant to s 461(1)(k) of the Act, the twenty-ninth defendant, Glenbelle Pty Ltd (ACN 097 306 646) be wound up. 32. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the twenty-ninth defendant. 33. Pursuant to s 461(1)(k) of the Act, the thirtieth defendant, Glenvale Way Pty Ltd (ACN 088 287 021) be wound up. 34. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirtieth defendant. 35. Pursuant to s 461(1)(k) of the Act, the thirty-first defendant, Greenview Lane Pty Ltd (ACN 093 505 312) be wound up. 36. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-first defendant. 37. Pursuant to s 461(1)(k) of the Act, the thirty-second defendant, Hallmark Corporation Pty Ltd (ACN 083 180 812) be wound up. 38. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-second defendant. 39. Pursuant to s 461(1)(k) of the Act, the thirty-third defendant, Moorleigh Holdings Pty Ltd (ACN 088 287 058) be wound up. 40. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-third defendant. 41. Pursuant to s 461(1)(k) of the Act, the thirty-fourth defendant, Norton Ridge Pty Ltd (ACN 078 821 066) be wound up. 42. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-fourth defendant. 43. Pursuant to s 461(1)(k) of the Act, the thirty-fifth defendant, Raleigh Glen Pty Ltd (ACN 088 204 380) be wound up. 44. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-fifth defendant. 45. Pursuant to s 461(1)(k) of the Act, the thirty-sixth defendant, Redcrest Holdings Pty Ltd (ACN 100 836 486) be wound up. 46. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-sixth defendant. 47. Pursuant to s 461(1)(k) of the Act, the thirty-seventh defendant, Suri Corporation Pty Ltd (ACN 093 505 321) be wound up. 48. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-seventh defendant. 49. Pursuant to s 461(1)(k) of the Act, the thirty-eighth defendant, Sutton Rise Pty Ltd (ACN 088 204 399) be wound up. 50. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-eighth defendant. 51. Pursuant to s 461(1)(k) of the Act, the thirty-ninth defendant, The Virtual Mlmer Pty Ltd (ACN 065 374 665) be wound up. 52. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the thirty-ninth defendant. 53. Pursuant to s 461(1)(k) of the Act, the fortieth defendant, Tivendale Pty Ltd (ACN 093 505 349) be wound up. 54. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the fortieth defendant. 55. Pursuant to s 461(1)(k)) of the Act, the forty-first defendant, Tulloch Downes Pty Ltd (ACN 078 895 048) be wound up. 56. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the forty-first defendant. 57. Pursuant to s 461(1)(k)) of the Act, the forty-second defendant, Mainking Pty Ltd (ACN 100 790 485) be wound up. 58. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the forty-second defendant. 59. Pursuant to s 461(1)(k) of the Act, the forty-third defendant, Topglen Pty Ltd (ACN 096 857 564) be wound up. 60. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the forty-third defendant. 61. Pursuant to s 461(1)(k) of the Act, the forty-fourth defendant, Allblue Pty Ltd (ACN 100 836 388) be wound up. 62. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the forty-fourth defendant. 63. Pursuant to s 461(1)(k) of the Act, the forty-fifth defendant, Aranbay Pty Ltd (ACN 098 532 319) be wound up. 64. Damian John Templeton and Philip Arthur Hennessy of KPMG be appointed joint and several liquidators of the forty-fifth defendant. 65. The plaintiff's costs of the winding up applications be taxed and reimbursed in accordance with s 466(2) of the Act. 66. The hearing of the further amended originating process be otherwise adjourned. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.