In the matter of Canberra Babington Pty Ltd (No 2) [2021] NSWSC 868

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Canberra Babington Pty Ltd (No 2) [2021] NSWSC 868 Hearing dates: On the papers (submissions received 11 June 2021) Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Equity Before: Emmett AJA Decision: Order that: 1. The plaintiffs pay the costs of the first to sixth defendants thrown away by the amendments to the application. 2. Otherwise, the parties' costs of the interlocutory process filed on 18 November 2020 be their respective costs of proceedings 2018/27127. Catchwords: COSTS — interlocutory proceedings — application to amend pleadings — multiple iterations of application — initial iteration opposed by all parties — final iteration only opposed by some parties —application successful — costs thrown away on previous application — appropriateness of company playing active role in dispute amongst shareholders Cases Cited: Re a Company (No 1126 of 1992) [1994] 2 BCLC 146 Stanley v Layne Christensen Company [2006] WASCA 56 Category: Costs Parties: Paul Maurice Davis (First Plaintiff) Mary Ann Sheahan as executor of the estate of the late John Adam Davis (Second Plaintiff) Jil Winifred Nugent (Third Plaintiff) Kay Mary Davis (Fourth Plaintiff) Anne Oslington Collins (Fifth Plaintiff) Canberra Babington Pty Ltd (First Defendant) Anthony Henry Babington Lees (Second Defendant) Venetia Babington Lees (Third Defendant) Jeffrey Noel Babington Lees (Fourth Defendant) Vesta Pty Ltd (Fifth Defendant) Perpetual Trustee Co Ltd (Sixth Defendant) Representation: Counsel: M Hodge QC with B Phillips (Plaintiffs) C Harris SC (First Defendant) M S Henry SC with N E Furlan (Second to Fifth Defendants) A McInerney SC (Sixth Defendant)