Fantuz v Totem Road Pty Ltd [2023] NSWSC 1483

Fantuz v Totem Road Pty Ltd [2023] NSWSC 1483

The proceedings produced a mixed result on Mr Fantuz's primary claim because the categories of documents were narrowed over time and he abandoned the claim for audited accounts, although he obtained a narrow order for access to documents for valuation purposes. That mixed result justified no order as to costs on the primary claim. However, Mr Fantuz was wholly successful and Totem Road Pty Ltd wholly unsuccessful on the cross-claim, and the costs of that cross-claim could not be assumed to be insignificant; Totem Road Pty Ltd should therefore pay Mr Fantuz's costs of the cross-claim. There was no basis for an indemnity costs order in favour of Totem Road Pty Ltd, and the costs application...

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Costs Application in Equity Corporations List Proceedings Concerning Document Access Under the Corporations Act 2001 (cth) and a Cross Claim for Sale of Shares / Determination in Chambers After Judgment Delivered on 1 November 2023
Outcome
No order as to costs on Mr Fantuz's primary claim; Totem Road Pty Ltd to pay Mr Fantuz's costs of the cross-claim; no order as to the costs of the costs application.
Legal Topics
['party/party Costs' 'mixed Success' 'document Inspection Under S 247 a of the Corporations Act 2001 (cth)' 'cross Claim Seeking Sale of Shares' 'indemnity Costs']
['costs' 'corporations'] ['party/party Costs' 'mixed Success' 'document Inspection Under S 247 a of the Corporations Act 2001 (cth)' 'cross Claim Seeking Sale of Shares' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs Application in Equity Corporations List Proceedings Concerning Document Access Under the Corporations Act 2001 (cth) and a Cross Claim for Sale of Shares / Determination in Chambers After Judgment Delivered on 1 November 2023

Legal Issues

  1. 1 ["Whether any costs order should be made in respect of Mr Fantuz's claim for production of audited accounts and inspection of documents after he narrowed the relief sought at the hearing." 'Whether Totem Road Pty Ltd should pay the costs of its unsuccessful cross-claim.' 'Whether there was any basis for an indemnity costs order in favour of Totem Road Pty Ltd.' 'Whether there should be any order as to the costs of the costs application.']

Ratio Decidendi

The proceedings produced a mixed result on Mr Fantuz's primary claim because the categories of documents were narrowed over time and he abandoned the claim for audited accounts, although he obtained a narrow order for access to documents for valuation purposes. That mixed result justified no order as to costs on the primary claim. However, Mr Fantuz was wholly successful and Totem Road Pty Ltd wholly unsuccessful on the cross-claim, and the costs of that cross-claim could not be assumed to be insignificant; Totem Road Pty Ltd should therefore pay Mr Fantuz's costs of the cross-claim. There was no basis for an indemnity costs order in favour of Totem Road Pty Ltd, and the costs application...

Court Disposition

No order as to costs on Mr Fantuz's primary claim; Totem Road Pty Ltd to pay Mr Fantuz's costs of the cross-claim; no order as to the costs of the costs application.

Orders

  • ["There be no order as to the costs of Mr Fantuz's claim for production of audited accounts and inspection of documents, made by the Summons dated 29 May 2023, with the intent that each party pay their own costs of that claim." "Totem Road Pty Ltd pay Mr Fantuz's costs of its Cross-Claim brought by the Interlocutory...