Coyte & Anor v Norman & Anor; Centre Capital (Newcastle) Pty Ltd & Anor v B Scorer & Ors [2016] NSWSC 1428

Coyte & Anor v Norman & Anor; Centre Capital (Newcastle) Pty Ltd & Anor v B Scorer & Ors [2016] NSWSC 1428

Costs should follow the event for both the claim and cross-claim in the Coyte proceedings, with the parties to pay the opposing side's costs as determined by which part they succeeded or failed on; no indemnity costs are awarded as it was not unreasonable to reject the Calderbank offer. In the Scorer proceedings, each plaintiff and the second defendant should bear their own costs due to lack of practical success, and no declarations are made where they lack utility or the affected party has been deregistered.

Jurisdiction
Australia
Judgment Date
06 October 2016
Procedural Posture
Equity Corporations List / Costs and Final Orders Following Earlier Judgment
Outcome
Judgment for the defendants in the claim and the cross-defendants in the cross-claim in the Coyte proceedings; dismissal of Amended Statement of Claim in Scorer proceedings as against certain defendants; costs mostly follow the event, except for parties who should each bear their own costs; liberty granted to apply...
Legal Topics
['costs' "directors' Duties" 'declaratory Relief' 'restitution' 'breach of Trust']
['civil Procedure' 'corporations Law' 'equity'] ['costs' "directors' Duties" 'declaratory Relief' 'restitution' 'breach of Trust']

Case Brief

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Procedural Posture

Equity Corporations List / Costs and Final Orders Following Earlier Judgment

Legal Issues

  1. 1 ['Whether costs should follow the event in respect of each claim and cross-claim' 'Whether costs should be awarded on an indemnity basis due to a Calderbank offer' "Whether a declaration of breach of director's duty should be made where no loss is established" 'Whether a declaration can be made against a deregistered company']

Ratio Decidendi

Costs should follow the event for both the claim and cross-claim in the Coyte proceedings, with the parties to pay the opposing side's costs as determined by which part they succeeded or failed on; no indemnity costs are awarded as it was not unreasonable to reject the Calderbank offer. In the Scorer proceedings, each plaintiff and the second defendant should bear their own costs due to lack of practical success, and no declarations are made where they lack utility or the affected party has been deregistered.

Court Disposition

Judgment for the defendants in the claim and the cross-defendants in the cross-claim in the Coyte proceedings; dismissal of Amended Statement of Claim in Scorer proceedings as against certain defendants; costs mostly follow the event, except for parties who should each bear their own costs; liberty granted to apply...

Orders

  • ["2013/43716: Statement of Claim dismissed; Cross-Claim dismissed; Plaintiffs to pay Defendants' costs of claim; Cross-Claimants to pay Cross-Defendants' costs of Cross-Claim, as agreed or assessed." '2013/252885: Amended Statement of Claim dismissed as against First, Second, and Fourth Defendants; Each of the...