NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: In the matter of Contact 121 Pty Ltd and Contact 121 (Qld) Pty Ltd [2011] NSWSC 979 Hearing dates: Friday, 12 August 2011 Decision date: 16 August 2011 Jurisdiction: Equity Division - Corporations List Before: White J Decision: Refer to para [54] of judgment. Catchwords: PRACTICE AND PROCEDURE - costs - rule as to costs where a proceeding is resolved without a hearing - where orders made by consent - court will not try an hypothetical action to determine who would have succeeded in order to decide questions of costs - consent orders represented a compromise of the parties' position
PRACTICE AND PROCEDURE - interest - where parties agreed that defendants would purchase plaintiffs shares at price determined by valuation - whether interest payable on unpaid purchase price - whether consent order for payment of purchase price is a judgment debt - whether consent order for payment of purchase price an order for payment of money - defendants' obligation to pay money and plaintiffs' obligations to transfer shares dependent and concurrent obligations - purchase price not payable except against the receipt of duly executed share transfers and share certificates - claim for interest rejected Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 Cases Cited: Heydon v NRMA Limited (No 2) [2001] NSWCA 445; (2001) 53 NSWLR 600 Rhodes v Fletcher [2002] NSWSC 637 McDonald v Dennys Lascelles [1933] HCA 25; (1933) 48 CLR 457 at 475-476; and Sunbird Plaza Pty Ltd v Maloney [1988] HCA 11; (1988) 166 CLR 245 Re Minister for Immigration & Ethnic Affairs (Cth); Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 662 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Category: Costs Parties: Joseph Tawfik (1st Plaintiff) Genevieve Louise Tawfik (2nd Plaintiff) Contact 121 Pty Ltd (1st Defendant) Contact 121 (Qld) Pty Ltd (2nd Defendant) Martin Bruce Bill (3rd Defendant) Wayne Bevin Boden (4th Defendant) Representation: I M Jackman SC (Plaintiffs) D R Pritchard SC (Defendants) Ryan Law (Plaintiffs) Dibbs Barker (Defendants) File Number(s): 2009/289276
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