Heperu Pty Ltd & Ors v Patricia Belle [2012] NSWSC 1647

Heperu Pty Ltd & Ors v Patricia Belle [2012] NSWSC 1647

The Court entered judgment and interest orders agreed by the parties, but stayed those orders pending determination of remaining issues. Because the plaintiffs did not seek an enforcement determination at this stage, enforcement could involve complex contribution issues and further submissions or hearing, and the costs materials were ready for decision, the Court would deal only with costs issues and defer enforcement questions. Exhibit 2 was ordered to remain confidential because its terms were not relevant to costs and only potentially relevant to deferred enforcement issues.

Jurisdiction
Australia
Judgment Date
20 August 2012
Procedural Posture
Interlocutory Applications / Judgment on Three Interlocutory Matters Following the Principal Judgment: Entry of Consequential Agreed Orders, Scope of Remaining Matters to Be Determined, and Directions Concerning Exhibit 2.
Outcome
Judgment in the sum of $89,970.01 for the plaintiff against the fourth defendant, including interest up to judgment. Court will proceed to decide issues of costs as between the plaintiff and the fourth defendant but not issues relating to enforcement of the plaintiff's judgment.
Legal Topics
['judgments and Orders' 'interest on Judgment' 'stay of Orders' 'costs' 'enforcement of Judgment' 'confidentiality of Settlement Deed']
['civil Procedure'] ['judgments and Orders' 'interest on Judgment' 'stay of Orders' 'costs' 'enforcement of Judgment' 'confidentiality of Settlement Deed']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications / Judgment on Three Interlocutory Matters Following the Principal Judgment: Entry of Consequential Agreed Orders, Scope of Remaining Matters to Be Determined, and Directions Concerning Exhibit 2.

Legal Issues

  1. 1 ['Whether judgment and interest agreed by the parties should be entered against the fourth defendant.' 'Whether the Court should presently determine enforcement issues in addition to costs issues.' 'Whether Exhibit 2 should be kept confidential in light of submissions from NAB and Westpac.']

Ratio Decidendi

The Court entered judgment and interest orders agreed by the parties, but stayed those orders pending determination of remaining issues. Because the plaintiffs did not seek an enforcement determination at this stage, enforcement could involve complex contribution issues and further submissions or hearing, and the costs materials were ready for decision, the Court would deal only with costs issues and defer enforcement questions. Exhibit 2 was ordered to remain confidential because its terms were not relevant to costs and only potentially relevant to deferred enforcement issues.

Court Disposition

Judgment in the sum of $89,970.01 for the plaintiff against the fourth defendant, including interest up to judgment. Court will proceed to decide issues of costs as between the plaintiff and the fourth defendant but not issues relating to enforcement of the plaintiff's judgment.

Orders

  • ['Judgment for the Plaintiffs against the Fourth Defendant in the amount of $89,970.01 (the "Judgment Sum").' 'The Fourth Defendant pay interest on the Judgment Sum pursuant to Section 100 of the Civil Procedure Act (NSW) 2005 from 15 December 2003 to 15 September 2011 in the amount of $59,788.90.' "Stay Orders 1...