Sturgess v Dunphy

The case of Sturgess v Dunphy involved a dispute between shareholders in Greymouth Petroleum Holdings Ltd and related entities, with John Gilbert Sturgess and Jet Trustees Ltd as the appellants and Robert Mark Patrick Dunphy and others as the respondents. The legal issues centered on the enforcement of High Court orders requiring the sale of shares and the form of relief in relation to these orders. The Court of Appeal had to determine whether there were any outstanding issues requiring its attention and whether costs should be awarded to the respondents.

The Court of Appeal concluded that there were no further issues for determination by the Court in relation to the sale orders. The appellants had an opportunity to raise any such issues under the timetable set by the Court but did not take up that opportunity. It was now too late for them to do so. The Court further found that the range and complexity of issues in the appeals justified an award of costs to the respondents, with Mr Sturgess personally and Jet Trustees Ltd sharing the costs in a two-thirds/one-third basis.

The final orders made by the Court of Appeal were to dismiss all appeals. Mr Sturgess was ordered to pay two-thirds of the costs payable on a complex appeal band B basis and usual disbursements to the first, second, seventh, and eighth respondents, and two-thirds of the costs payable on a complex appeal band A basis and usual disbursements to the third to sixth respondents. Jet Trustees Ltd was ordered to pay one-third of the costs payable on a complex appeal band B basis and usual disbursements to the first, second, seventh, and eighth respondents, and one-third of the costs payable on a complex appeal band A basis and usual disbursements to the third to sixth respondents. The Court also certified for second counsel for the first, second, seventh, and eighth respondents and made no order for costs for or against John Sturgess and Associates Ltd as the second appellant in CA367/2013.