Tulla Resources Group Pty Ltd v Minroc Quarries Pty Ltd & Anor [2016] NSWSC 134

Supreme Court New South Wales

Medium Neutral Citation: Tulla Resources Group Pty Ltd v Minroc Quarries Pty Ltd & Anor [2016] NSWSC 134 Hearing dates: 6 November 2015 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Equity Before: Slattery J Decision: The first defendant/cross claimant is to pay the plaintiff's costs of the reference. Those costs will be payable on the ordinary basis and will include the costs of the proceedings associated with the reference. Otherwise each party shall bear its own costs of the proceedings. These costs orders include the costs of the argument. Catchwords: COSTS – Claim for specific performance of a call option granting the option to acquire shares in a quarrying company – Cross Claim for construction of the call option and claim for an injunction restraining a call upon security over the quarrying company's assets - proceedings resolved by consent without agreement as to final costs orders - disagreement about the consideration payable upon the exercise of the call option – reference out to a referee to determine the amount of the consideration – referee finds that the plaintiff's claim for the amount of consideration payable by the defendant purchaser is almost wholly justified – principles for the assessment of costs, where parties have agreed upon the outcome of the proceedings – whether one or other party was certain to succeed – whether the plaintiff was successful on the outcome of the reference – whether one or both parties conducted themselves reasonably. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 42.19, 42.20 Cases Cited: Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194; (1993) 116 ALR 523 Bitannia Pty Ltd v Parkline Constructions Pty Ltd [2009] NSWCA 32 Edwards Madigan Torzillo Briggs Pty Ltd v Stack [2003] NSWCA 302 Fordyce v Fordham (2006) 67 NSWLR 497 Harrison v Schipp (2002) 54 NSWLR 738 McNamara v Bao San [2010] NSWSC 809 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 ONE.TEL Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548 Oshlack v Richmond River Council (1998) 193 CLR 72 Waarde v Dixon (1858) 28 LJ Ch 315 Walton v McBride (1995) 36 NSWLR 440 Category: Costs Parties: First Plaintiff: Tulla Resources Group Pty Limited ACN 124930847 First Defendant: Minroc Quarries Pty Ltd ACN 140202679 Second Defendant: Sutton Forest Quarries Pty Ltd Representation: Counsel: Plaintiff: R.M. Higgins Defendants: E. Finnane