ASIC v Adler & 4 Ors [2001] NSWSC 644

New South Wales Supreme Court

CITATION : ASIC v Adler & 4 Ors [2001] NSWSC 644 revised - 27/07/2001 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2753/01 HEARING DATE(S) : 27/07/01 JUDGMENT DATE : 27 July 2001

In the matter of HIH Insurance Limited (in provisional liquidation) ACN 008 636 575 and HIH Casualty and General Insurance Limited (in provisional liquidation) ACN 008 482 291 Australian Securities & Investments Commission (Plaintiff) Rodney Stephen Adler (First Defendant) PARTIES : Raymond Reginald Williams (Second Defendant) Domenic Fodera (Third Defendant) Adler Corporation Pty Ltd (ACN 054 924 373) (Fourth Defendant) Lynda Sharon Adler (Fifth Defendant) JUDGMENT OF : Santow J

A J L Bannon, SC/D R Stack (Plaintiff) S D Glass (Sol.) (First and Fourth Defendants) COUNSEL : L Zwier (Sol.) (Second Defendant) W E Jacobs (Sol.) (Third Defendant) J Stoljar (Fifth Defendant) Australian Securities and Investments Commission (Plaintiff) Gilbert & Tobin (First and Fourth Defendants) SOLICITORS : Sparke Helmore as agents for Arnold Block Leibler (Second Defendant) Dibbs Crowther & Osborne (Third Defendant) Speed and Stracy (Fifth Defendant) CATCHWORDS : PROCEDURE — Practice Note No. 97 dated 9 March 1998 — Availability of Statement of Claim filed prior to any Defence being filed when requested by newspaper — Relevance that Statement of Claim already made available by the party filing the Statement of Claim — Interests of justice not prejudiced and openness of court's processes vindicated by release in those circumstances and where readers will appreciate likelihood of Defences being filed and that allegations may or may not be ultimately substantiated. DECISION : Statement of Claim released.