BB Retail Capital Pty Ltd v Alexandria Landfill Pty Ltd [2014] NSWSC 1499

BB Retail Capital Pty Ltd v Alexandria Landfill Pty Ltd [2014] NSWSC 1499

BBRC achieved substantial success on the key issues, including the proper conversion rate for convertible notes and the construction of the Shareholders Agreement. The costs of the proceedings should be paid by both defendants, as both had direct interests in the resolution of the issues.

Parties
Plaintiff: BB Retail Capital Pty Limited; First Defendant: Alexandria Landfill Pty Limited; Second Defendant: Ian Raymond Malouf
Jurisdiction
Australia
Judgment Date
30 October 2014
Procedural Posture
Civil / Costs Determination Following Final Judgment
Outcome
Costs ordered in favour of the plaintiff against both defendants.
Legal Topics
Practice and Procedure, Costs
Equity Commercial Law Practice and Procedure Costs

Case Brief

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Parties

BB Retail Capital Pty Limited

Plaintiff

Alexandria Landfill Pty Limited

First Defendant

Ian Raymond Malouf

Second Defendant

Procedural Posture

Civil / Costs Determination Following Final Judgment

Legal Issues

  1. 1 Whether the plaintiff had achieved substantial success for the purposes of a costs order
  2. 2 Whether both defendants should pay the plaintiff's costs

Ratio Decidendi

BBRC achieved substantial success on the key issues, including the proper conversion rate for convertible notes and the construction of the Shareholders Agreement. The costs of the proceedings should be paid by both defendants, as both had direct interests in the resolution of the issues.

Court Disposition

Costs ordered in favour of the plaintiff against both defendants.

Orders

  • Order that the defendants pay the plaintiff's costs of the proceedings.