Lewis Securities Ltd (in liq) v Carter (No 2)

In this matter before the Court of Appeal of New South Wales, Lewis Securities Ltd (in liq) and LSL Holdings Pty Ltd (in liq) (the appellants) sought to recover a sum from Ms Carter and Mr Miller (the respondents). The dispute concerned the determination of the final judgment amount and the allocation of costs following an appeal.

The court was required to determine the final quantum of judgment in favour of the appellants, the entitlement of the parties to pre-judgment interest, and the appropriate orders for the costs of both the appeal and the proceedings at first instance. Additionally, the court considered the disposition of security for costs that had been paid into court by the appellants.

The Court of Appeal entered judgment in favour of the appellants against the respondents for a specific sum, and also ordered that the appellants were entitled to pre-judgment interest. The court then made detailed orders regarding the costs of the appeal, with Mr Miller ordered to pay one quarter of the appellants’ costs, and Ms Carter and Mr Miller jointly ordered to pay one half of the plaintiffs’ costs at first instance. The court further ordered that the security for costs paid by the appellants into controlled money accounts be paid out to the appellants.