NSW Caselaw
New South Wales Supreme Court
CITATION : Mopeke Pty Ltd & Ors v Airport Fine Foods Pty Ltd & Ors (Costs) [2007] NSWSC 243
HEARING DATE(S) : 9 March 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 9 March 2007
DECISION : Share purchase order made against company. Company and majority to pay plaintiffs' costs. No costs order for or against directors.
CATCHWORDS : CORPORATIONS – oppression – remedies – share purchase order – whether to be made against majority or against company – relevant considerations if to be made against company. - COSTS – where plaintiff abandons some pleaded issues at opening of trial – where those issues factually overlap those on which plaintiff succeeded – whether costs to be awarded for or against directors.
LEGISLATION CITED : (CTH) Corporations Act, ss 232, 233
CASES CITED : Waterman v Gerling (No 2) [2005] NSWSC 1111 Butterworths Australian Corporation Law & Practice
Mopeke Pty Ltd (first plaintiff) Steven Petrovski (second plaintiff) Katrina Petrovski (third plaintiff) PARTIES : Robert Bradfield (fourth plaintiff) Airport Fine Foods Pty Ltd (first defendant) Lagerlow (Holdings) Pty Ltd (second defendant) Airsas Pty Ltd (third defendant)
FILE NUMBER(S) : SC 2127/05
B McClintock SC w M Lawson (Ps) COUNSEL : J Miller (D1) F Lever SC (D2-6)
Redmond Hale Simpson (Ps) SOLICITORS : Bartier Perry (D1) Hall Legal (D2-6)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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