Plutus Payroll Australia Pty Ltd (in liquidation) v Saikali (No 2) [2024] NSWSC 1164

Supreme Court New South Wales

Medium Neutral Citation: Plutus Payroll Australia Pty Ltd (in liquidation) v Saikali (No 2) [2024] NSWSC 1164 Hearing dates: On the papers; written submissions provided 11, 12 September 2024 Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Equity - Commercial List Before: Nixon J Decision: (1) Judgment for the Plaintiffs against the Second, Third and Fourth Defendants jointly and severally in the sum of $6,852,000.00. (2) Pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the Second, Third and Fourth Defendants jointly and severally pay pre-judgment interest in the amount of $2,787,789.86. (3) Further to order 1, judgment for the Plaintiffs against the Second Defendant in the additional sum of $4,300,000.00. (4) Further to order 2, pursuant to s 100 of the Civil Procedure Act 2005 (NSW), the Second Defendant pay pre-judgment interest in the amount of $1,769,816.07. (5) The Second, Third and Fourth Defendants pay the Plaintiffs' costs as agreed or assessed: (a) on the ordinary basis in the period up to 5 December 2022; and (b) on an indemnity basis in the period from 6 December 2022 onwards. Catchwords: DECLARATIONS – whether declarations should be made recording, in summary form, the conclusions reached by the Court ORDERS – whether judgment should be entered against the defendants jointly and severally Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Uniform Civil Procedure Rules 2005 (NSW), r 20.25 Cases Cited: Carbone v Fowler Homes Pty Ltd; Carbone v Fowler Homes Pty Ltd [2024] NSWCA 192 Plutus Payroll Australia Pty Ltd (in liquidation) v Saikali [2024] NSWSC 1093 In the matter of Sirrah Pty Limited (in prov liq) [2021] NSWSC 492 Category: Consequential orders Parties: Plutus Payroll Australia Pty Ltd (in liq) (First Plaintiff) Timothy Bryce Norman in his capacity as joint and several liquidator of Plutus Payroll Australia Pty Ltd (Second Plaintiff) Salvatore Algeri in his capacity as joint and several liquidator of Plutus Payroll Australia Pty Ltd (Third Plaintiff) Glen Saikali (First Defendant) Michael Teplitsky (Second Defendant) Tepcorp Holdings Pty Ltd (Third Defendant) Tepcorp Investments Pty Ltd (Fourth Defendant) Representation: Counsel: J Stoljar SC w B Ng (Plaintiffs)