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

1. HIS 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.

1. On 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.

1. At 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.

1. Mr 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.

1. There 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.

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Decision last updated: 06 September 2012