Wayne Kenneth Dick v A.L. Powell Holdings Pty Ltd

[2013] HCASL 55

WAYNE KENNETH DICK

v

A.L. POWELL HOLDINGS PTY LTD & ORS

[2013] HCASL 55
B56/2012

1. The applicant seeks special leave to appeal from orders made by the Court of Appeal of the Supreme Court of Queensland (Holmes and White JJA and North J) on 21 September 2012 that the applicant pay certain costs of the respondents.

2. The applicant owned 15 per cent of the issued share capital in the third respondent. The first and second respondents owned the remaining shares. On 23 February 2006, the applicant commenced proceedings in the Supreme Court of Queensland under Pt 2F.1 of the Corporations Act 2001 (Cth), alleging oppression by the first and second respondents in their conduct of the affairs of the third respondent. On 29 November 2007, the first and second respondents served upon the applicant an offer to purchase the applicant's shares for $300,000 and pay his costs of the proceedings. The applicant rejected that offer.

3. On 23 June 2009, the Supreme Court (Philippides J) ordered that the third respondent be wound up and, on 14 February 2012, ordered that the first and second respondents pay the applicant's costs on a standard basis.  The first and second respondents successfully appealed against the costs order to the Court of Appeal.  The Court of Appeal found that the applicant obtained a judgment that was "not more favourable" than the offer to settle served on 29 November 2007 and that r 361(2) of the Uniform Procedure Rules 1999 (Q) applied and ordered that the applicant pay the first and second respondents' costs after 29 November 2007.

4. The application concerns practice and procedure and raises no issue of general public importance.  An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
10 April 2013 S.M. Crennan