Leviston v PQ Management Pty Ltd (No 4) [2023] FCA 1524

Leviston v PQ Management Pty Ltd (No 4) [2023] FCA 1524

Although the plaintiff failed on a number of claims, he was required to bring the proceeding to vindicate his rights in respect of oppression and achieved substantial success on that claim; the defendants also achieved substantial success on several contractual or monetary claims and some success in the valuation process. Applying a broad-brush approach to mixed success, the first, second and third defendants should pay one-half of the plaintiff's party and party costs up to and including 8 July 2022 and two-thirds of such costs from 9 July 2022, while the fourth defendant should not be liable for those costs.

Jurisdiction
Australia
Judgment Date
26 September 2023
Procedural Posture
Commercial and Corporations Proceeding Involving Contractual Claims and an Oppression Claim Under S 232 of the Corporations Act 2001 (cth) / Determination of Costs After Liability and Valuation Hearings
Outcome
The first, second and third defendants were ordered to pay apportioned plaintiff's costs on a party and party basis, to be paid in a lump sum and determined by a Registrar; the fourth defendant was not included in the costs orders against the defendants and neither it nor the plaintiff was entitled to costs against...
Legal Topics
['apportionment of Costs After Mixed Success' 'oppression Under S 232 of the Corporations Act 2001 (cth)' 'valuation of Shares' 'lump Sum Costs']
['costs' 'corporations' 'commercial Law'] ['apportionment of Costs After Mixed Success' 'oppression Under S 232 of the Corporations Act 2001 (cth)' 'valuation of Shares' 'lump Sum Costs']

Case Brief

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Procedural Posture

Commercial and Corporations Proceeding Involving Contractual Claims and an Oppression Claim Under S 232 of the Corporations Act 2001 (cth) / Determination of Costs After Liability and Valuation Hearings

Legal Issues

  1. 1 ['What costs order should be made where the plaintiff and the defendants each achieved substantial success in the proceedings.' 'Whether costs should be apportioned between the initial liability hearing and the later valuation hearings.' "Whether the fourth defendant should be subject to the plaintiff's costs orders."]

Ratio Decidendi

Although the plaintiff failed on a number of claims, he was required to bring the proceeding to vindicate his rights in respect of oppression and achieved substantial success on that claim; the defendants also achieved substantial success on several contractual or monetary claims and some success in the valuation process. Applying a broad-brush approach to mixed success, the first, second and third defendants should pay one-half of the plaintiff's party and party costs up to and including 8 July 2022 and two-thirds of such costs from 9 July 2022, while the fourth defendant should not be liable for those costs.

Court Disposition

The first, second and third defendants were ordered to pay apportioned plaintiff's costs on a party and party basis, to be paid in a lump sum and determined by a Registrar; the fourth defendant was not included in the costs orders against the defendants and neither it nor the plaintiff was entitled to costs against...

Orders

  • ["Save to the extent previously ordered, the first, second and third defendants are to pay one-half of the plaintiff's costs of the proceedings incurred on a party and party basis up to and including 8 July 2022." "Save to the extent previously ordered, the first, second and third defendants are to pay two-thirds of...