Redmond Family Holdings v GC Access Pty Ltd & Ors [2016] NSWSC 1883

Supreme Court New South Wales

Medium Neutral Citation: Redmond Family Holdings v GC Access Pty Ltd & Ors [2016] NSWSC 1883 Hearing dates: On the papers; last submissions 24 November 2016 Decision date: 21 December 2016 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Court makes the following orders:

1. As against each of the Fourth Defendant and the Fifth Defendant: judgment for the Plaintiff in the amount of $450,000 as against each of the Fourth and Fifth Defendant; interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW) to be paid in the manner specified; and the Fourth and Fifth Defendants pay one-third of the Plaintiff's costs of and incidental to the proceedings (other than as subject to previous costs orders) on the ordinary basis, as agreed or as assessed.

2. As against the Second and the Third Defendants, the proceedings are dismissed, and the Plaintiff to pay the Second and Third Defendants' costs (other than as subject to previous costs orders) on the ordinary basis as agreed or as assessed.

3. As against the Sixth Defendant, the proceedings are dismissed, and the Plaintiff to pay the Sixth Defendant's costs of and incidental to the hearing in April 2016 on the ordinary basis. Catchwords: DAMAGES — Contribution and apportionment – where the Court had delivered judgment finding certain defendants liable for misleading or deceptive conduct by non-disclosure – where fifth defendant sought for an apportionment of liability as between the fourth and fifth defendants relying upon Pt 7.10 Div 2A of the Corporations Act 2001 (Cth) – whether the Court should make orders apportioning liability. PROCEDURE — Costs — where plaintiff failed against certain defendants and against other defendants succeeded in only some of its claims – whether costs orders sought should be granted. Legislation Cited: - Civil Liability Act 2002 (NSW), Pt 4 - Civil Procedure Act 2005 (NSW), s 100 - Corporations Act 2001 (Cth), ss 1041I, 1041L, 1041M, 1041N, Pt 7.10, Div 2A Cases Cited: - Hunt & Hunt Lawyers v Mitchell Morgan Nominees [2013] HCA 10; (2013) 247 CLR 613 - Lovick & Son Developments Pty Ltd v Doppstadt Australia Pty Ltd [2012] NSWSC 529 - Nationwide News Pty Ltd v Naidu [2007] NSWCA 377; (2007) 71 NSWLR 47 - Podrebersek v Australian Iron & Steel Pty Ltd (1985) 59 ALR 529; 59 ALJR 492 - Redmond Family Holdings Pty Ltd v GC Access Pty Ltd [2016] NSWSC 1588 - Redmond Family Holdings v GC Access Pty Ltd [2016] NSWSC 796 - Reinhold v New South Wales Lotteries Corporation (No 2) [2008] NSWSC 187 - Yates v Mobile Marine Repairs Pty Ltd [2007] NSWSC 1468 Category: Procedural and other rulings Parties: Redmond Family Holdings Pty Limited (Plaintiff) GC Access Pty Limited (First Defendant) Fullham Hall Pty Limited (Second Defendant) H Ridge Investments Pty Limited (Third Defendant) Patrick Charles Oliver Stone (Fourth Defendant) Mark Henry Skinner (Fifth Defendant) Nicholas Simon Collins (Sixth Defendant) Representation: Counsel: M Bennett (Plaintiff) B Le Plastrier (Second to Sixth Defendants) J Loofs SC (Fifth Defendant)