McMillan v Coolah Home Base Pty Ltd (No 5) [2022] NSWSC 1589

Supreme Court New South Wales

Medium Neutral Citation: McMillan v Coolah Home Base Pty Ltd (No 5) [2022] NSWSC 1589 Hearing dates: 7 July 2022 (final orders); written evidence and submissions ending 5 August 2022 (costs) Date of orders: 8 July, 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Equity Before: Parker J Decision: See [56]-[57] Catchwords: COSTS – multiple claims against multiple defendants – plaintiffs partially successful against some defendants only – costs apportioned between claims – percentage costs order refused CORPORATIONS – oppression – remedies – winding up order made – additional declarations and orders for accounting to company refused – additional orders granting leave to bring derivative action refused Legislation Cited: Civil Procedure Act 2005, s 101 Corporations Act 2001, ss 233, 237, 579E Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2) [2021] NSWSC 869 Carter v Greenwoods & Freehills Pty Ltd [2014] NSWSC 917 Gillespie v Gillespies Cranes Nominees Pty Ltd [2022] NSWSC 1184 McMillan v Coolah Home Base Pty Ltd (No 4) [2022] NSWSC 584 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Scarel Pty Ltd v City Loan & Credit Corporations Pty Ltd (1988) 17 FCR 344 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Trentelman v The Owners – Strata Plan 76700 (No 3); The Owners – Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578 Category: Costs Parties: Geoffrey Ian McMillan (First Plaintiff) David Arthur Darch (Second Plaintiff) Helen Dawn Waugh (Third Plaintiff) Margaret Joy Vale (Fourth Plaintiff) Jill Cook (Fifth Plaintiff) Lee Marilyn Tait (Sixth Plaintiff) Jennifer Sue Axtell (Seventh Plaintiff) Sietske Elisabeth Brown (Eighth Plaintiff) James Terence James (Ninth Plaintiff) Neville John Kelly (Tenth Plaintiff) Susan Anne Kelly (Eleventh Plaintiff) Christine Margaret McMillan (Twelfth Plaintiff) Janne Marnie Robertson (Thirteenth Plaintiff) John Daniel Sheahan (Fourteenth Plaintiff) Richard Jim Squire (Fifteenth Plaintiff) Susan Janet Squire (Sixteenth Plaintiff) Leslie Townsend (Seventeenth Plaintiff) Allana Mary Townsend (Eighteenth Plaintiff)