Mudgee Dolomite & Lime Pty Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1675

Supreme Court New South Wales

Medium Neutral Citation: Mudgee Dolomite & Lime Pty Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1675 Hearing dates: On the papers; last submissions 16 November 2020 Decision date: 24 November 2020 Jurisdiction: Equity - Corporations List Before: Black J Decision: In First Derivative Proceedings, First to Fourth Defendants to pay 30% of Plaintiff's costs, including costs of obtaining leave to bring derivative proceedings but excluding costs subject to other previous orders. In Second Derivative Proceedings, First and Second Plaintiffs to pay Defendants' and Third Plaintiff's costs. In Oppression Proceedings, Plaintiff to pay Defendants' costs. In Winding Up Proceedings, Second Defendant to pay the costs of the proceedings. Other orders made giving effect to primary judgment. Catchwords: COSTS – Basis of quantification – Four separate proceedings heard together – Overlapping parties where Plaintiffs in certain proceedings were Defendants in others – Parties successful on certain claims and unsuccessful in others – Whether appropriate for no order as to costs across all proceedings – Where successful and unsuccessful claims within a proceeding. Legislation Cited: - Corporations Act 2001 (Cth), s 461(1)(k) - Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: - Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 - Expense Reduction Analyst Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 - Pages Property Investments Pty Ltd v Boros [2020] NSWSC 1474 - Short v Crawley (No 40) [2008] NSWSC 1302 Category: Costs Parties: Proceedings 2016/84283 (First Derivative Proceedings) Mudgee Dolomite & Lime Pty Limited (Plaintiff) Robert Francis Murdoch (First Defendant) Stephen Murdoch (Second Defendant) RK Murdoch Pty Limited (an Australian company) (Third Defendant) Tilecote Farm Pty Limited (formerly known as Bright Pear Pty Limited) (Fourth Defendant) Kurdeez Minerals Pty Limited (Fifth Defendant)