Right Price Confectionery v Sengos [2003] NSWSC 117 - corrected 11 March 2003 [2003] NSWSC 143

New South Wales Supreme Court

CITATION : Right Price Confectionery v Sengos [2003] NSWSC 117 - corrected 11 March 2003 [2003] NSWSC 143 HEARING DATE(S) : 12/11/02, 13/11/02 JUDGMENT DATE : 4 March 2003 JURISDICTION: Equity Division JUDGMENT OF : Barrett J DECISION : Claims in plaintiffs' amended statement of claim filed on 16 May 2000 dismissed with costs

CATCHWORDS : CORPORATIONS - causes of action asserted by company and director/shareholder alleged to have exposed plaintiffs to loss from litigation - no causal connection shown between any such loss and alleged breaches of duty and statutory wrongs Brunninghausen v Glavanics (1999) 46 NSWLR 538 CASES CITED : Henville v Walker (2001) 206 CLR 459 Percival v Wright [1902] 1 Ch 421 United Dominions Corporation Ltd v Brian Pty Ltd (1985) 157 CLR 1 Right Price Confectionery Pty Limited - First Plaintiff PARTIES : David Gregory Radford - Second Plaintiff Paul Sheridan Sengos - Defendant FILE NUMBER(S) : SC 3501/99 COUNSEL : Second Plaintiff in person Mr J F Hassett, Solicitor - Defendant SOLICITORS : Second Plaintiff in person Hassett Dixon - Defendant

- 25 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

In proceedings 3501/99 pursuant to Part 20 rule 10 of the Supreme Court Rules, I correct accidental slips in reasons for judgment published on 4 March 2003 by substituting "FMC" for "RPC" wherever appearing (except in paragraph 47) and by substituting "second plaintiff" for "second defendant" wherever appearing and now re-publish those reasons in corrected form. So ordered: 11 March 2003 BARRETT J