Dr Leo Shanahan v Jatese Pty Ltd [No 2] [2018] NSWSC 1306

Supreme Court New South Wales

Medium Neutral Citation: Dr Leo Shanahan v Jatese Pty Ltd [No 2] [2018] NSWSC 1306 Hearing dates: Written Submissions Decision date: 23 August 2018 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: The plaintiffs are to pay the defendants' costs of the proceedings Catchwords: COSTS – claim of oppression – plaintiffs establish oppression but fail on relief because they failed to establish any economic consequences from the conduct complained of – whether costs should follow the event or an apportionment made – offers of compromise made at an early stage that there be judgment for the defendants with no order as to costs; HELD costs should follow the event – no order for indemnity costs based on the offers of compromise because they did not involve a genuine offer of compromise Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Dr Leo Shanahan v Jatese Pty Ltd [2018] NSWSC 1088 Category: Costs Parties: Dr Leo Shanahan - First Plaintiff Michael Shanahan - Second Plaintiff Joan Shanahan - Third Plaintiff Dr Stuart Saunders - Fourth Plaintiff Christine Saunders - Fifth Plaintiff

Jatese Pty Ltd ACN 105079436 - First Defendant Optident Pty Ltd - Second Defendant Canberra Eye Services Pty Ltd - Third Defendant Dr Iain Dunlop - Fourth Defendant Dr Martin Duncan - Fifth Defendant Dr Gagan Khannah - Sixth Defendant Representation: Counsel: I. M. Jackman SC with S. A. Goodman SC - Plaintiffs M. Ashhurst SC with D. F. Villa - Defendants