Julie Dawn Rhodes v Christine Elizabeth Fletcher & Anor [2002] NSWSC 637

New South Wales Supreme Court

CITATION : Julie Dawn Rhodes v Christine Elizabeth Fletcher & Anor [2002] NSWSC 637 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 5117/99 HEARING DATE(S) : By written submissions and 19 July 2002 JUDGMENT DATE : 24 July 2002

Julie Dawn Rhodes (Plaintiff) PARTIES : Christine Elizabeth Fletcher (First Defendant) Quasar Professionals ACT Pty Ltd (Second Defendant) JUDGMENT OF : Bergin J

COUNSEL : N. Cotman SC / K. Odgers (Plaintiff) R. Commins (solicitor) (Defendants) SOLICITORS : Brown & Partners (Plaintiff) Chamberlains Law Firm (First & Second Defendants) CATCHWORDS : [INTEREST] - oppression suit settled by consent orders - Valuation of plaintiff's shareholding referred under Part 72 to referee - Report remitted to referee for denial of natural justice - Further report finds same value - Consent orders make no provision for interest - Plaintiff claims entitlement to interest - [COSTS] - Competing claims for costs of proceedings to date of consent orders and for Motion for remittal of the matter to referee - Plaintiff's claim for additional costs by reason of alleged unreasonable delay by first defendant in payment of purchase price. LEGISLATION CITED : Corporations Law Supreme Court Rules 1970 (NSW) Dynasty Pty Ltd & Ors v Coombs (1995) 138 ALR 64 CASES CITED : Lord & Anor v Dernacourt Investments Pty Ltd & Ors, unreported, NSWSC, McLelland CJ in Eq, 14 March 1994 Rankine v Rankine & Ors (1995) 18 ACSR 725 Shirim v Fesena [2002] NSWSC 10, unreported, Davies AJ, 25 January 2002 DECISION : See paras [63] and [64]