In the matter of Legal Practice Management Group Pty Ltd, nSynergy Pty Ltd, nSynergy International Pty Ltd [2018] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Legal Practice Management Group Pty Ltd, nSynergy Pty Ltd, nSynergy International Pty Ltd [2018] NSWSC 839 Hearing dates: Costs submissions 11 May 2018 Decision date: 06 June 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: The Respondents to pay 90% of the costs of the First and Second Applicants on their application for leave to bring derivative proceedings, as agreed or assessed, such order to be stayed until final determination of the substantive proceedings, or until further order. Catchwords: COSTS – application for leave pursuant to s 237 of the Corporations Act 2001 (Cth) – where successful applicants offered personal indemnities for the companies' costs of the proceedings at a late stage in the application – whether Court will depart from general rule that costs follow the event – order stayed until final determination of derivative proceedings. Legislation Cited: - Civil Procedure Act 2005 (NSW) s 98 - Corporations Act 2001 (Cth) ss 237, 242 Cases Cited: - Beoco Ltd v Alfa Laval Co Ltd [1995] QB 137 - Cassegrain v Gerard Cassegrain & Co Pty Ltd [2008] NSWSC 1159 - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 - Re Imperium Projects Pty Ltd [2015] NSWSC 123 Category: Costs Parties: Keith Stewart Alistair Redenbach (First Applicant) Campbell Jeffrey Ray (Second Applicant) Legal Practice Management Group Pty Ltd (First Respondent) nSynergy Pty Ltd (Second Respondent) nSynergy International Pty Ltd (Third Respondent) Representation: Counsel: N Hutley SC/M Karam (Applicants) Dr R C A Higgins SC (14.9.17, 22.3.18)/A J H O'Brien (14.9.17) (Respondents)