Shield Lifestone Holdings Pty Ltd v LSKF Holdings Pty Ltd [2020] NSWCA 59

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shield Lifestone Holdings Pty Ltd v LSKF Holdings Pty Ltd [2020] NSWCA 59 Hearing dates: 3 February 2020 Date of orders: 06 April 2020 Decision date: 06 April 2020 Before: McCallum JA at [1]; Emmett AJA at [2]; Simpson AJA at [39] Decision: 1. Grant leave to appeal

2. Allow the appeal.

3. Order 1 made by the primary judge on 2 July 2019 be set aside and, in lieu of that order, order the first defendant to pay the plaintiff's costs of and in connection with the contention that the Shareholders' Agreement was void and ineffective and in connection with the prayers for relief in paras 10 to 12 of the amended cross-summons which were abandoned and otherwise make no order as to the costs of the proceedings.

4. The first respondent to the appeal pay the appellant's costs of the appeal including the application for leave. Catchwords: COSTS — Party/Party — Court's discretion — primary judge's assessment of a party's commercial interests — whether primary judge erred in determining a party achieved a substantial victory. Legislation Cited: Corporations Act 2001 (Cth), ss 459A and 461(1)(k) Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 LSKF Holdings Pty Ltd v Shield Lifestone Holdings Pty Ltd [2018] NSWCA 129. Shield Lifestone Holdings Pty Limited v LSKF Holdings Pty Limited [2018] NSWSC 335 Category: Principal judgment Parties: Shield Lifestone Holdings Pty Ltd (ACN 611 376 286) (Appellant) LSKF Holdings Pty Ltd (ACN 159 938 520) (First Respondent) Litestone Holdings Pty Ltd (ACN 159 938 584) (Second Respondent) Representation: Counsel: RJ Pietriche (Appellant) V Bedrossian (Respondents)