Where a defendant offers to purchase a plaintiff's shares for a specified sum and the court instead orders winding up, the distributions received by the plaintiff on winding up can and should be compared with the offer for the purposes of r 361 UCPR. A judgment 'not more favourable' than the offer engages the mandatory costs consequences of r 361(2), and the payment of legal fees by the company on behalf of majority shareholders is irrelevant to that comparison where those payments were unknown to the plaintiff at the time of the offer and were subsequently repaid. A primary judge refusing leave to appeal a costs order under s 253 must weigh the factors identified in Morrison v Hudson, not merely invoke finality and prolonged litigation.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.