McKenzie v Turnbull [2020] NSWSC 1328

Supreme Court New South Wales

Medium Neutral Citation: McKenzie v Turnbull [2020] NSWSC 1328 Hearing dates: 29 September 2020 Date of orders: 29 September 2020 Decision date: 29 September 2020 Jurisdiction: Common Law Before: Walton J Decision: (1) The proceeding be reinstated. (2) Pursuant to paragraph 2.5 of the deed of settlement executed by the First Plaintiff, the State of NSW, Robeena June Turnbull and Grant Wesley Turnbull, in their capacity as the executors of the estate of the late Ian Robert Turnbull, and the Second Respondent and agreed to take effect as from 15 November 2018, and pursuant to s 90(1) of the Civil Procedure Act 2005, judgment for the Plaintiffs against the Second Respondent in her personal capacity in the sum of $2,500,000.00. (3) Pursuant to s 100 of the Civil Procedure Act 2005, the Second Respondent is ordered to pay the Plaintiffs pre - judgment interest in the sum of $237,145.98. (4) The Second Respondent is to pay the Plaintiffs' costs of the motion, as agreed or assessed. Catchwords: DEED OF SETTLEMENT AND RELEASE – default of payment – entry judgment – judgment in favour of plaintiffs – pre-judgment interest Legislation Cited: Conveyancing Act 1919 (NSW) Civil Procedure Act 2005 (NSW) Uniform Civil Procedural Rules 2005 (NSW) Category: Principal judgment Parties: Alison Gai McKenzie (First Plaintiff) Alexandra Turner by her tutor Alison Gai McKenzie (Second Plaintiff) Jack Turner by her tutor Alison Gai McKenzie (Third Plaintiff) Robeena Jane Turnbull and Grant Wesley Turnbull as Executors for the Estate of the Late Ian Robert Turnbull (First Defendant) Robeena Jane Turnbull (Second Respondent) Representation: Counsel: L Judd (Plaintiffs)