In the matter of Investwell Pty Limited (In Liquidation) [2012] NSWSC 1056

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Investwell Pty Limited (In Liquidation) [2012] NSWSC 1056 Hearing dates: 6 September 2012 Decision date: 06 September 2012 Jurisdiction: Equity Division - Corporations List Before: Hammerschlag J Decision: Judgment for the applicant against the first and second respondents Catchwords: INDEMNITY - where plaintiff has judgment against the first defendant/applicant and he has orders that he is entitled to be indemnified by the first respondent and the second respondent - first defendant/applicant is entitled to a money judgment on an interim basis - no issue of principle Category: Principal judgment Parties: Daryl Leon Roberts - Defendant/Applicant James Patrick Normoyle - First Respondent Anne-Maree Elizabeth Huxley - Second Respondent Representation: Counsel: D.L.Roberts - Self-Represented: File Number(s): 2009/290079

EX TEMPORE Judgment 1HIS HONOUR: On 28 June 2011 I gave judgment for the plaintiff company Investwell Pty Limited (In Liquidation) against the first defendant/applicant Mr Roberts for $164,309.83 plus interest. 2On 29 June 2011 orders were made for the payment by Mr Roberts to the company of $164,306.83 plus interest of $41,076. Mr Roberts is entitled to be indemnified by the first respondent James Patrick Normoyle and the second respondent Anne Maree Elizabeth Huxley and I so declared on 9 September 2011. 3At present, the liquidator has not taken steps to enforce the judgment the company has against Mr Roberts. Nor, I am informed, has the liquidator moved to assess the costs which are payable by Mr Roberts. In turn Mr Roberts has not yet established or proceeded to any necessary assessment of the costs, expenses and other amounts he is entitled to recover against the first respondent and the second respondent. 4Mr Roberts is presently however entitled, without prejudice to his entitlement to judgment for further amounts, to judgment against Mr Normoyle and Ms Huxley for the amount of $164,306.83 plus $41,076.00, a total of $205,383.00. 5There will be judgment for the applicant Darryl Leon Roberts against the first respondent James Patrick Normoyle and the second respondent Anne Maree Huxley for $205,383.00.