ASIC v Sydney Investment House Equities Pty Ltd [2008] NSWSC 796

New South Wales Supreme Court

CITATION : ASIC v Sydney Investment House Equities Pty Ltd [2008] NSWSC 796

HEARING DATE(S) : 19 June 2008

JUDGMENT DATE : 19 June 2008

JURISDICTION : Equity

JUDGMENT OF : Hamilton J

(1) The Court has no discretion to permit argument of an application by a defendant under Uniform Civil Procedure Rules r 29.9(1) if the plaintiff declines to argue it. DECISION : (2) The defendant should be granted an adjournment to permit him to prepare his submission on his application under r 29.10. (3) Interlocutory relief granted until day on which judgment is delivered. (4) Documents produced to Court by liquidator should be released from the custody of the Court.

CATCHWORDS : PROCEDURE [110] - Supreme Court procedure – Procedure under Rules of Court – Trial – Whether Court has discretion to permit argument of defendant's application under Uniform Civil Procedure Rules r 29.9 when plaintiff declines to argue the application.

LEGISLATION CITED : Supreme Court Rules 1970 Part 34 r 7 Uniform Civil Procedure Rules 2005 rr 29.9, 29.10(1)

CATEGORY : Procedural and other rulings

Australian Securities and Investments Commission (P) Sydney Investment House Equities Pty Ltd (D1) Sydney Investment House Capital Ltd (D2) Edwin James Goulding (D3) Stephen Geagea (D4) PARTIES : Sydney Investment House Pty Ltd (D5) Sydney Investment House (Newcastle) Pty Ltd (D6) Sydney Investment House (Beaconsfield) Pty Ltd (D7) Melbourne Investment House Pty Ltd (D8) Melbourne Investment House (Hawthorn) Pty Ltd (D9) Melbourne Investment House (Collingwood) Pty Ltd (D10)