Fox v Gadsden [2003] NSWSC 748

Fox v Gadsden [2003] NSWSC 748

Although the commencement of the proceeding on 14 February was not justified at that precise time, the conduct of the second and third defendants in later frustrating the plaintiff's statutory right of access to company financial records under s 290 made the proceeding ultimately justified, warranting an order for costs in the plaintiff's favour.

Jurisdiction
Australia
Judgment Date
04 August 2003
Procedural Posture
Proceeding for Director's Access to Company Records / Cost Determination Following Discontinuance
Outcome
Order that second and third defendants pay plaintiff's costs of proceeding
Legal Topics
["director's Right of Access to Books and Financial Records" 'statutory Entitlement Under Corporations Act S 290']
['corporations Law'] ["director's Right of Access to Books and Financial Records" 'statutory Entitlement Under Corporations Act S 290']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceeding for Director's Access to Company Records / Cost Determination Following Discontinuance

Legal Issues

  1. 1 ['Whether director seeking to assert statutory right under s 290 can be required to specify the documents he or she requires' "Whether the second and third defendants should pay the plaintiff's costs"]

Ratio Decidendi

Although the commencement of the proceeding on 14 February was not justified at that precise time, the conduct of the second and third defendants in later frustrating the plaintiff's statutory right of access to company financial records under s 290 made the proceeding ultimately justified, warranting an order for costs in the plaintiff's favour.

Court Disposition

Order that second and third defendants pay plaintiff's costs of proceeding

Orders

  • ["Second and third defendants to pay the plaintiff's costs of the proceeding." 'Exhibits to be returned to persons producing them.']