Gooley & Ors v Breda Pty Ltd & Ors (No. 2) [2017] NSWSC 1505

Supreme Court New South Wales

Medium Neutral Citation: Gooley & Ors v Breda Pty Ltd & Ors (No. 2) [2017] NSWSC 1505 Hearing dates: 30 August 2017 Date of orders: 06 November 2017 Decision date: 06 November 2017 Jurisdiction: Equity Before: Slattery J Decision: Plaintiffs ordered to pay the defendants' reasonable costs of compliance with the orders for preliminary discovery. Form of orders finalised substantially in accordance with the form of orders proposed by the plaintiffs. Defendants ordered to pay 85% of the plaintiff's costs of the application for preliminary discovery. Catchwords: PRELIMINARY DISCOVERY – costs of compliance – whether the applicant should pay the costs of compliance up front - whether the costs of compliance should be paid only after compliance has taken place.

COSTS – costs follow the event - applicant for preliminary discovery successful on some claims for relief but other claims for relief abandoned or applicant unsuccessful on those claims – what order for costs should be made based upon the degree of success the plaintiffs have achieved.

PRACTICE AND PROCEDURE – dispute about form of orders after contested hearing – parties advance separate sets of contested orders to the Court – which orders better reflect the Court's reasons in its principal judgment. Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Airways Corp of New Zealand & Anor v The Present Partners of Pricewaterhouse Coopers Legal & Anor [2002] NSWSC 521 Andrews Advertising Pty Limited v Andrews [2011] NSWSC 244 Australasian Performing Rights Assoc Ltd v Marlin [1999] FCA 1006 Beach Petroleum NL v Johnson (No. 2) (1995) 57 FCR 119 C7 Pty Limited v Foxtel Management Pty Limited [2001] FCA 1864 Cappuccio v Australia and New Zealand Banking Group Limited [1999] FCA 1188 Fexuto Pty Limited v Bosnjak Holdings Pty Ltd (No 3) (1998) 30 ACSR 20 Foyster v Foyster Holdings Pty Ltd (in liq) [2003] NSWSC 881 Gooley & Ors v Breda Pty Ltd & Ors [2017] NSWSC 817 Hamod v New South Wales [2011] NSWCA 375 Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568 Newcrest Mining Limited v Apache Northwest Pty Limited (No. 2) [2008] FCA 1663 SmithKline Beecham plc v Alphapharm Pty Ltd [2001] FCA 271 Steffen v Australia and New Zealand Banking Group Limited [2009] NSWSC 883 Totalise plc v Motley Fool Ltd [2003] 2 All ER 872 Yes Family Pty Limited v Sphere Healthcare Pty Ltd [2016] NSWSC 917 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed, 2014, LexisNexis Butterworths) Category: Consequential orders (other than Costs) Parties: First Plaintiff: Brett Raymond Gooley Second Plaintiff: Finbob Pty Ltd ACN 003 945 480, as trustee for the KB Trust Third Plaintiff: Janine Ruth Gooley First Defendant: Breda Pty Ltd ACN 000 399 002 Second Defendant: Decahill Pty Ltd ACN 003 753 713 Third Defendant: Dama Enterprises Pty Ltd ACN 000 604 071 Fourth Defendant: Barton Press Pty Ltd 000 891 976 Fifth Defendant: Goold Enterprises Pty Ltd 01 339 546 Sixth Defendant: Melville William Gooley, by his tutors Melinda Louise Foley & Aleta Joy Gooley Seventh Defendant: Melinda Louise Foley Eighth Defendant: Aleta Joy Gooley, also known as Aleta Joy Kinsella Representation: Counsel: