Australian Securities and Investments Commission v Kobelt [2014] FCA 737

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Kobelt [2014] FCA 737 Citation: Australian Securities and Investments Commission v Kobelt [2014] FCA 737

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v LINDSAY KOBELT

File number: SAD 100 of 2014

Judge: WHITE J

Date of judgment: 26 June 2014

Date of hearing: 26 June 2014

Place: Adelaide

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 41

Counsel for the Applicant: Ms N Charlesworth

Solicitor for the Applicant: Australian Securities and Investments Commission

Counsel for the Respondent: Mr D Trim QC with Mr H Heuzenroeder

Solicitor for the Respondent: Lempriere Abbott McLeod

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 100 of 2014

BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

Applicant

AND: LINDSAY KOBELT

Respondent

JUDGE: WHITE J DATE OF ORDER: 26 june 2014 WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The Australian Securities and Investments Commission (ASIC) is to provide further and better particulars of its allegation contained in [13] of the statement of claim by identifying which of the 133 customers identified by ASIC to the respondent comprise: 1.1 the majority of cases in which the periodic payment was the customer's only source of income; 1.2 the majority whose use of the relevant debit card and personal identification number is said in [13.2] to be the primary or exclusive means by which the customer accessed their bank account; 1.3 the majority who were unable or unwilling to question or negotiate the terms of the Nobby's Credit Facility as defined. 2. In relation to [74] of the statement of claim, ASIC is to provide particulars of the facts, matters and circumstances upon which it relies for the allegation that the respondent continues to engage in the contravening conduct alleged. 3. Orders 1 and 2 made on 30 May 2014 be vacated, and in place of those orders directs that the applicant file and serve, by no later than close of business on 29 August 2014, an amended statement of claim incorporating the particulars which have been ordered today and the particulars which it has agreed voluntarily to provide to the respondent, save only that the Court expects that ASIC will not include in a document filed in this Court information concerning the customers of the respondent which would ordinarily be regarded as of a private nature. 4. The respondent is to file and serve his defence by no later than close of business on 30 September 2014. 5. The applicant is to file any reply by no later than 20 October 2014. 6. The time fixed by Order 4 made on 30 May 2014 is varied by deleting the date "25 August 2014" and substituting "31 October 2014". 7. The time fixed by Order 5 made on 30 May 2014 is varied by deleting "25 August 2014" and substituting "31 October 2014". 8. The directions hearing presently listed for 9:00am on 3 September 2014 is vacated and in its place a directions hearing is fixed for 9:00am on Friday 10 October 2014. 9. The parties have liberty to apply. 10. Each party is to bear their own costs of and incidental to the respondent's interlocutory application of 13 June 2014. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.