Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Ltd [2004] FCA 1689

Australian Securities and Investments Commission v Ludgates Corporate and Investment Advisory Services Pty Ltd [2004] FCA 1689

The hearing dates were vacated to afford the second respondent an opportunity to state whether he intends to defend the proceedings and, if so, to properly prepare, balancing the interests of justice with public interest in expeditious resolution.

Parties
Applicant: Australian Securities and Investments Commission; First Respondent: Ludgates Corporate & Investment Advisory Services Pty Ltd (in liq); Second Respondent: Benjamin Paul Whitehouse; Third Respondent: Jennifer Martine Sisson
Jurisdiction
Australia
Judgment Date
07 December 2004
Procedural Posture
Civil / Interlocutory (motion to Vacate Hearing Date)
Outcome
Hearing dates vacated; case stood over; costs orders made
Legal Topics
Vacating Trial Date, Costs Orders, Expeditious Resolution, Defence Conduct, Investment Schemes, Liquidation, Cross Claims Against Insurers
Corporations Law Civil Procedure Vacating Trial Date Costs Orders Expeditious Resolution Defence Conduct Investment Schemes Liquidation +1 more

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Parties

Australian Securities and Investments Commission

Applicant

Ludgates Corporate & Investment Advisory Services Pty Ltd (in liq)

First Respondent

Benjamin Paul Whitehouse

Second Respondent

Jennifer Martine Sisson

Third Respondent

Procedural Posture

Civil / Interlocutory (motion to Vacate Hearing Date)

Legal Issues

  1. 1 Whether hearing dates should be vacated
  2. 2 Whether the second respondent should have additional time to prepare a defence
  3. 3 Allocation of costs for the notice of motion

Ratio Decidendi

The hearing dates were vacated to afford the second respondent an opportunity to state whether he intends to defend the proceedings and, if so, to properly prepare, balancing the interests of justice with public interest in expeditious resolution.

Court Disposition

Hearing dates vacated; case stood over; costs orders made

Orders

  • The hearing dates commencing on 31 January 2005 be vacated.
  • The second respondent himself, or through his retained solicitor, on or before 11 February 2005, file and serve an affidavit stating whether or not these proceedings are to be defended and if they are, whether on a represented basis or not.