HME Services Pty Ltd v Ortado [2019] NSWSC 1325

Supreme Court New South Wales

Medium Neutral Citation: HME Services Pty Ltd v Ortado [2019] NSWSC 1325 Hearing dates: 28 August 2019 Date of orders: 28 August 2019 Decision date: 01 October 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Judgment for the plaintiff against the defendant in the sum of $235,890.05 inclusive of interest. (2) Order the defendant to pay the plaintiff's costs of the proceedings. (3) Reserve the questions of whether the costs of the proceedings should be on an indemnity basis and stand the matter over to the applications list on 10 September 2019 at 9am for further directions. (4) Order that these orders be entered forthwith. Catchwords: CIVIL PROCEDURE — Summary disposal — Judgment for plaintiff — No defence save the claim for costs on an indemnity basis – where the defendant while in the employment of the plaintiff misappropriated moneys Legislation Cited: Corporations Act 2001 (Cth), ss 182, 1317H Uniform Civil Procedure Rules 2005 (NSW), r 13.1 Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62; [1949] HCA 1 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125; [1964] HCA 69 Category: Procedural and other rulings Parties: HME Services Pty Ltd (Plaintiff) Laura Ortado (Defendant) Representation: Counsel: D Stewart with K Hooper (Plaintiff)

Solicitors: Coleman Greig Lawyers (Plaintiff) N Hardy-Clements (Defendant) File Number(s): 2019/00177252 Publication restriction: Nil