Reale v Duncan Reale; Duncan Reale v Cameda Investments [2006] NSWSC 1099

New South Wales Supreme Court

CITATION : Reale v Duncan Reale; Duncan Reale v Cameda Investments [2006] NSWSC 1099

HEARING DATE(S) : 23 May 2006

JUDGMENT DATE : 23 October 2006

JURISDICTION : Equity

JUDGMENT OF : Austin J

DECISION : Parties to pay their own costs of both proceedings. Indemnities to the effect that costs of company in 1190/05 attributed to second defendant, and costs of company in 1518/05 attributed to plaintiff in 1190/05

CATCHWORDS : COSTS - application for leave to bring derivative proceedings, and derivative proceedings brought pursuant to leave - husband and wife are the real protagonists - overall, discretionary considerations evenly balanced between them - neither should be favoured with respect to costs - how to achieve that objective when corporations owned by them equally are parties to the proceedings - CORPORATIONS - derivative proceeding - indemnity orders made so as to attribute any corporate costs to the noncorporate parties

Civil Procedure Act 2005 (NSW), s 98 LEGISLATION CITED : Corporations Act 2001 (Cth), ss 237, 242 Uniform Civil Procedure Rules, rules 42.1, 42.15

Calderbank v Calderbank [1975] 3 ER 333 Colgate-Palmolive Co v Cussens Pty Ltd (1993) 46 FCR 225 Foyster v Foyster Holdings Pty Ltd (2003) 44 ACSR 705 Green v Page [1957] Tas SR 66 Holden v Cronulla Golf Club (unreported, Supreme Court of New South Wales, Young J, 24 June 1986) Howell v Dering [1915] 1 KB 54 CASES CITED : Leichhardt Municipal Council v Green [2004] NSWCA 341 MLC Insurance Ltd v FAI Traders Insurance Co Ltd (1994) 49 FCR 23 Reale v Duncan Reale Pty Ltd [2006] NSWSC 227 Ritter v Godfrey [1920] 2 KB 47 Russo v Resource Developments International Pty Ltd (No 2) [2003] NSWSC 446 Schweppes Ltd v O'Connor [1913] St R Qd 289 Wallersteiner v Moir (No 2) [1975] 1 QB 373