Lewis Securities Ltd (in liq) v Carter (No 2) [2018] NSWCA 159

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lewis Securities Ltd (in liq) v Carter (No 2) [2018] NSWCA 159 Hearing dates: On the papers Decision date: 24 July 2018 Before: Leeming JA; Sackville AJA; Emmett AJA Decision: 1. Enter judgment in favour of the first appellant Lewis Securities Ltd (in liq) and the second appellant LSL Holdings Pty Ltd (in liq) against the first respondent Ms Carter and the second respondent Mr Miller in the amount of $2,287,068.57, such judgment to have effect on 7 June 2018.

2. Pursuant to s 101(3) of the Civil Procedure Act 2005 (NSW), extend the 28 day period within which post-judgment interest is not payable if the amount is paid in full to 28 days from the date these orders are made.

3. Order that the second respondent Mr Miller pay one quarter of the appellants' costs of the appeal.

4. Order that Ms Carter pay one half, and Mr Miller pay one half, of the plaintiffs' costs of the proceeding at first instance in 2014/00317554.

5. Order that the amount of $60,000 plus accrued interest paid by the appellants into an interest bearing controlled money account held by the first respondent's solicitors in the name of the first respondent and the appellants as security for costs of the appeal be paid to the appellants by the first respondent.

6. Order that the amount of $60,000 plus accrued interest paid by the appellants into an interest bearing controlled money account, held by the second respondent's solicitors in the name of the second respondent and the appellants as security for costs of the appeal be paid to the appellants by the second respondent.