STONE & ANOR -v- GLENDYC PTY LTD & ORS [2003] WASC 80 (S)

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WASC 80 (S)
Case No:	CIV:2400/2001	Heard:	10-14 FEBRUARY & 17-19 FEBRUARY & 3 JUNE 2003
Coram:	TEMPLEMAN J	Delivered:	23/04/03
Supplementary Delivered:	24/07/03
No of pages:	11	Judgment Part:	1 of 1
Result:	No order as to first defendant's costs Plaintiffs pay second and third defendants' costs less one fifth of plaintiffs' costs Plaintiffs pay fourth defendants' costs
Category:	B
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Parties:	ERROL DALE STONE ROBYN TERESA STONE GLENDYC PTY LTD (ACN 008 758 110) DONALD THOMAS STONE PHYLLIS YVONNE STONE NOEL RAYMOND STONE SHAUNA FRANCES STONE
Catchwords:	Costs Plaintiffs partially successful against some defendants One defendant wholly successful Proportion of costs awarded Turns on own facts
Legislation:	Corporations Act 2001 (Cth), s 232, s 233
Case References:	Commissioner of Australian Federal Police v Razzi (1991) 30 FCR 64 Permanent building Society v Wheeler (No 2) (1993) 10 WAR 569 Stone & Anor v Glendyc Pty Ltd & Ors (2003) WASC 80 Wenpac Pty Ltd v Allied Westralian Finance Ltd & Ors (1993) 123 FLR 1 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : STONE & ANOR -v- GLENDYC PTY LTD & ORS [2003] WASC 80 (S) CORAM : TEMPLEMAN J HEARD : 10-14 FEBRUARY & 17-19 FEBRUARY & 3 JUNE 2003 DELIVERED : 23 APRIL 2003 SUPPLEMENTARY
DECISION : 24 JULY 2003 FILE NO/S : CIV 2400 of 2001 BETWEEN : ERROL DALE STONE

First Plaintiff

ROBYN TERESA STONE

Second Plaintiff

AND

GLENDYC PTY LTD (ACN 008 758 110)

First Defendant

DONALD THOMAS STONE

Second Defendant

PHYLLIS YVONNE STONE

Third Defendant

NOEL RAYMOND STONE

SHAUNA FRANCES STONE

Fourth Defendants

(Page 2)

Catchwords:

Costs - Plaintiffs partially successful against some defendants - One defendant wholly successful - Proportion of costs awarded - Turns on own facts

Legislation:

Corporations Act 2001 (Cth), s 232, s 233

Result:

No order as to first defendant's costs

Plaintiffs pay second and third defendants' costs less one fifth of plaintiffs' costs
Plaintiffs pay fourth defendants' costs

Category: B

Representation:

Counsel:

First Plaintiff : Dr J T Schoombee & Mr O D Feinauer

Second Plaintiff : Dr J T Schoombee & Mr O D Feinauer

First Defendant : Mr J C Curthoys

Second Defendant : Mr J C Curthoys

Third Defendant : Mr J C Curthoys

Fourth Defendants : Mr N R Cogin

Solicitors:

First Plaintiff : Feinauer & Associates

Second Plaintiff : Feinauer & Associates

First Defendant : Michael Whyte & Co

Second Defendant : Michael Whyte & Co

Third Defendant : Michael Whyte & Co

Fourth Defendants : Bowen Buchbinder Vilensky

(Page 3)

Case(s) referred to in judgment(s):

Commissioner of Australian Federal Police v Razzi (1991) 30 FCR 64
Permanent building Society v Wheeler (No 2) (1993) 10 WAR 569
Stone & Anor v Glendyc Pty Ltd & Ors (2003) WASC 80
Wenpac Pty Ltd v Allied Westralian Finance Ltd & Ors (1993) 123 FLR 1

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stone v Glendyc Pty Ltd

Details

AGLC: Stone v Glendyc Pty Ltd [2003] WASC 80 (S)
Case: [2003] WASC 80 (S)
Decision Date

CaseChat Overview and Summary

In the case of Stone v Glendyc Pty Ltd, Errol and Robyn Stone brought an action against Glendyc Pty Ltd, Donald Thomas Stone, Phyllis Yvonne Stone, Noel Raymond Stone, and Shauna Frances Stone, all family members, in the Supreme Court of Western Australia. The plaintiffs sought relief on several grounds, including claims of oppression under the Corporations Act and equitable claims. The legal issues before the court included determining whether the conduct of Donald and Glendyc Pty Ltd was oppressive towards Errol, whether the plaintiffs were entitled to an injunction against the sale of certain property, and the appropriate allocation of costs between the parties. The court found that while Donald's conduct was oppressive in part, the plaintiffs were not entitled to the specific relief they sought regarding the transfer of shares. The court also ruled on the costs, determining that Errol was entitled to a proportion of his costs, while the plaintiffs were ordered to pay the costs of the second, third, and fourth defendants. This decision highlights the complexities in family business disputes and the careful consideration required in apportioning costs in litigation.

Orders