ASIC v Rich [2007] NSWSC 39

Given the extraordinary size and complexity of the case, and after balancing fairness to all parties and the effective conduct of the matter, extensions of time for both sides are warranted, but oral submissions will be strictly limited once written submissions are complete.

Parties: Plaintiff: Australian Securities and Investments Commission; Defendant: John David Rich; Defendant: Mark Alan Silbermann
Jurisdiction: Australia
Judgment Date: 06 February 2007
Procedural Posture: Equity Proceeding / Interlocutory Application for Extension of Time
Outcome: Applications for extension of time granted to both parties.
Legal Topics: Extension of Time, Lodgment of Written Submissions

Practice and Procedure Extension of Time Lodgment of Written Submissions

Case Brief

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Parties

Australian Securities and Investments Commission

Plaintiff

John David Rich

Defendant

Mark Alan Silbermann

Defendant

Procedural Posture

Equity Proceeding / Interlocutory Application for Extension of Time

Legal Issues

1 Whether to grant the defendants an extension of time to lodge written submissions
2 Whether to grant the plaintiff an extension of time for submissions in reply

Ratio Decidendi

Court Disposition

Applications for extension of time granted to both parties.

Orders

Time for lodging defendants' written submissions extended by four weeks, with final volume to be lodged by 26 February 2007.
Defendants given leave nunc pro tunc to provide volume 9 on 2 February 2007.