In the matter of Heartland Group Pty Limited and others [2024] NSWSC 1029

In the matter of Heartland Group Pty Limited and others [2024] NSWSC 1029

Given the mixed outcome on separate issues, fairness and the responsibility of parties for costs dictate no order as to costs be made for the separate questions.

Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Corporations List (equity) / Costs Determination Following Judgment on Separate Questions
Outcome
No order as to costs of the separate issues.
Legal Topics
['costs' 'director Appointments' 'corporate Governance' 'invalid Board Resolutions']
['corporations Law' 'civil Procedure'] ['costs' 'director Appointments' 'corporate Governance' 'invalid Board Resolutions']

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Procedural Posture

Corporations List (equity) / Costs Determination Following Judgment on Separate Questions

Legal Issues

  1. 1 ['Whether costs should be ordered as to separate issues after mixed success of parties' 'Director status of respective parties in Heartland group companies' 'Validity of board resolutions removing directors']

Ratio Decidendi

Given the mixed outcome on separate issues, fairness and the responsibility of parties for costs dictate no order as to costs be made for the separate questions.

Court Disposition

No order as to costs of the separate issues.

Orders

  • ['Mr Anthony Turner is not, and has never been, a director of Heartland Group Pty Ltd, Boyded Industries Pty Ltd, HMG Parts Pty Ltd, Heartland Motors Pty Ltd, Heartland Blacktown Pty Ltd, Heartland Penrith Pty Ltd, Chicago Properties Pty Ltd, T S Management Pty Ltd, BGW Nominees Pty Ltd, Rossfield Nominees (A.C.T.)...