Leveraged Equities Pty Ltd v Huxley [2010] NSWCA 179

New South Wales Court of Appeal

CITATION: Leveraged Equities Pty Ltd v Huxley [2010] NSWCA 179

HEARING DATE(S): 19 July 2010

JUDGMENT DATE: 19 July 2010

JUDGMENT OF: Allsop ACJ at 1; Macfarlan JA at 18; Handley AJA at 19

EX TEMPORE JUDGMENT DATE: 19 July 2010

2008/281448 (the application for leave to appeal and appeal from equity suit 5497/2008) 1. Application for leave to appeal granted. 2. The notice of appeal to be filed within 14 days. 3. Appeal allowed. 4. Judgment and orders made in the Equity Division on 21 September 2009 be set aside and in lieu therefore it be ordered as follows: (a) The appellant have leave to enforce the following arbitral awards made in its favour against each of the first to fifth respondents in the same manner as a judgment or order of the Court: (i) awards made in favour of the appellant against Gregory John Huxley in the amounts of $868,710.56 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 18 August 2008 and $15,472.56 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 13 October 2008; (ii) awards made in favour of the appellant against Prudence Anne Wilkinson in the amounts of $886,887.69 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 18 August 2008 and $19,713.66 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 13 October 2008; (iii) awards made in favour of the appellant against Jason Wilkinson in the amounts of $891,885.50 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 18 August 2008 and $15,615.46 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 13 October 2008; (iv) awards made in favour of the appellant against Jeffrey Douglas Dawson in the amounts of $367,292.62 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 18 August 2008 and $14,192.66 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 13 October 2008; and (v) awards made in favour of the appellant against Nicholas Edward Hamilton in the amounts of $84,774.89 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 18 August 2008 and $14,925.50 plus interest at the rate payable on a judgment debt of the Supreme Court of New South Wales from 13 October 2008. DECISION: (b) Judgment in favour of the appellant against Gregory John Huxley in the amount of $1,026,144.78 plus interest from 19 July 2010. (c) Judgment in favour of the appellant against Prudence Anne Wilkinson in the amount of $1,052,096.16 plus interest from 19 July 2010. (d) Judgment in favour of the appellant against Jason Wilkinson in the amount of $1,053,211.03 plus interest from 19 July 2010. (e) Judgment in favour of the appellant against Jeffrey Douglas Dawson in the amount of $442,605.97 plus interest from 19 July 2010. (f) Judgment in favour of the appellant against Nicholas Edward Hamilton in the amount of $115,481.09 plus interest from 19 July 2010. 5. The respondents pay the appellant's costs of this application for leave to appeal and appeal and at first instance. 6. The respondents to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified for the costs of the appeal. 2008/279972 (the appeal from equity suit 4032/2008) 1. Appeal allowed. 2. Judgment and orders made in the Equity Division on 21 September 2009 be set aside and in lieu thereof dismiss the summons 4032/2008. 3. The respondents pay the appellant's costs of this appeal and at first instance. 4. The respondents to have a certificate under the Suitors' Fund Act if otherwise qualified for the costs of the appeal.