In the matter of Lorebray Pty Ltd [2021] NSWSC 1135

In the matter of Lorebray Pty Ltd [2021] NSWSC 1135

Redhill abandoned its interlocutory application after a full day hearing, rendering it futile, and should pay the costs of both McMardi and Lorebray as their interests were distinct.

Parties
Plaintiff / First Respondent: McMardi Pty Ltd; First Defendant / Applicant: Redhill McN Pty Ltd; Second Defendant / Second Respondent: Lorebray Pty Ltd
Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Interlocutory Application / Costs Order Following Abandonment of Interlocutory Application
Outcome
Application dismissed; costs order against applicant
Legal Topics
Costs, Interlocutory Applications, Shareholder Disputes
Equity Corporations Law Costs Interlocutory Applications Shareholder Disputes

Case Brief

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Parties

McMardi Pty Ltd

Plaintiff / First Respondent

Redhill McN Pty Ltd

First Defendant / Applicant

Lorebray Pty Ltd

Second Defendant / Second Respondent

Procedural Posture

Interlocutory Application / Costs Order Following Abandonment of Interlocutory Application

Legal Issues

  1. 1 Whether applicant should pay costs of interlocutory application that has been abandoned
  2. 2 Whether applicant should pay one or both respondents' costs

Ratio Decidendi

Redhill abandoned its interlocutory application after a full day hearing, rendering it futile, and should pay the costs of both McMardi and Lorebray as their interests were distinct.

Court Disposition

Application dismissed; costs order against applicant

Orders

  • Dismiss the Amended Interlocutory Process dated 30 July 2021.
  • Order the first defendant to pay the plaintiff and second defendant's costs of the Amended Interlocutory Process.