Boyd and Anor v Maxx Implementation Pty Limited and Ors (No 3) [2008] NSWIRComm 200

Industrial Court of New South Wales

CITATION: Boyd and Anor v Maxx Implementation Pty Limited and Ors (No 3) [2008] NSWIRComm 200 This decision has been amended. Please see the end of the judgment for a list of the amendments.

LINDSAY DOUGLAS BOYD First Applicant

FINGER LIMEING GOOD PTY LIMITED (FORMERLY ALCONLEIGH PTY LIMITED) (ACN 076 969 465) AS TRUSTEE FOR THE ALCONLEIGH TRUST Second Applicant

MAXX IMPLEMENTATION PTY LIMITED (ACN 073 058 849) First Respondent

PARTIES: MAXX PTY LIMITED (ACN 098 422 354) Second Respondent

GERHARD MARTIN LUDWIG Third Respondent

EBENEZER GUMNUT PTY LIMITED (ACN 073 555 898) AS TRUSTEE FOR THE GM LUDWIG FAMILY DISCRETIONARY TRUST Fourth Respondent

FILE NUMBER(S): IRC 1509 of 2004

CORAM: Schmidt J

Costs - whether any costs order to be made in favour of second applicant - order made - indemnity costs order in favour of applicants reflective of offer of compromise - offer to be regarded as Calderbank offer - respondents acted unreasonably in refusing offer - misconduct of respondents also considered - misconduct of applicants considered - costs in relation to profit share claim ordered in favour of applicants, given success in demonstrating unfairness CATCHWORDS: Orders - orders in favour of second applicant reflective of conclusions reached as to unfairness of contract - interest - no order for interest reflective of applicants' delay in pursuing case - money orders against third respondent in relation to profit share claim refused - orders otherwise as agreed to reflect judgment