In the matter of CRC Civil & Drainage Pty Limited [2013] NSWSC 1085

Supreme Court New South Wales

Medium Neutral Citation: In the matter of CRC Civil & Drainage Pty Limited [2013] NSWSC 1085 Hearing dates: Thursday 11 July 2013 Decision date: 11 July 2013 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Amended interlocutory process dismissed. Catchwords: COSTS - Consent orders made under Corporations Act s 233 - consent orders make no reference to costs - where matter was not litigated - whether consent orders made pursuant to Corporations Act s 233 amount to a concession that there had been oppressive conduct

JUDGMENTS - Interest - plaintiff seeks interest on purchase price - originating process does not seek interest - purchase of share made pursuant to consent orders - purchase of share made pursuant to valuation as at certain date - where purchase completed a significant time after the date of valuation Legislation Cited: (Cth) Corporations Act 2001, s 233 (NSW) Civil Procedure Act 2005, s 100 Cases Cited: In the matter of Springex Pty Limited (Costs) [2013] NSWSC 277 Rhodes v Fletcher [2002] NSWSC 637 Category: Interlocutory applications Parties: Russell William Bailey (plaintiff) CRC Civil & Drainage Pty Limited (first defendant) Russell Leslie Clarke (second defendant) Craig Robert Cooke (third defendant) Representation: Counsel: Mr SJ Philips (plaintiff) Mr D Anderson (defendants) Solicitors: Mulally Mylott (plaintiff) ERA Legal (defendants) File Number(s): 2011/123557