Peters v Coastace [2006] NSWSC 289

Reported Decision : 57 ACSR 241 (2006) 24 ACLC 443

New South Wales Supreme Court

CITATION : Peters v Coastace [2006] NSWSC 289

HEARING DATE(S) : 10 & 11 April 2006

JUDGMENT DATE : 13 April 2006

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Interested parties joined as defendants and ordered to pay plaintiff's costs of leave proceeding

CATCHWORDS : CORPORATIONS - application under Part 2F.1A for leave to sue on behalf of the company - proposed derivative proceeding against co-shareholder/director and recipient of company property - co-shareholder/director and recipient appear as "interested parties" - whether interested parties should be joined as defendants when only remaining issue is costs - whether plaintiff should have order for costs before resolution of derivative proceeding and before a forthcoming application for the appointment of a provisional liquidator

Civil Procedure Act 2005 (NSW), s 98 LEGISLATION CITED : Corporations Act 2001 (Cth), ss 237, 242 Uniform Civil Procedure Rules 2005, Rules 6.24, 6.26, 42.3

Carpenter v Pioneer Park Pty Ltd (2004) 186 FLR 104 HPM Pty Ltd v Fear [2002] WASCA 249 Jeans v Deangrove Pty Ltd [2001] NSWSC 84 Knight v FP Special Assets Ltd (1992) 174 CLR 178 CASES CITED : Leicester v Walton (Court of Appeal of New South Wales, unreported, 7 November 1995, BC 9501770) News Ltd v Australian Rugby Football League (1996) 20 ACSR 637 Resource Equities Ltd v Weston Ventures Pty Ltd (2004) 51 ACSR 436 Roach v Winnote Pty Ltd [2006] NSWSC 231 Swansson v RA Pratt Properties Pty Ltd (2002) 55 NSWLR 166 Wentworth v Wentworth (2001) 52 NSWLR 602