Bowesco Pty Ltd (Receiver and Manager Appointed) v Fraser [2006] FCA 1828

Bowesco Pty Ltd (Receiver and Manager Appointed) v Fraser [2006] FCA 1828

French J's order that the respondents 'make provision' for Bowesco's reasonable legal expenses up to $50,000 did not defer all payment until after the appeal and taxation of costs. It contemplated provision for costs before that time, including interim payments. The respondents' contrary construction was a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 November 2006
Procedural Posture
Application Pursuant to S 1321 of the Corporations Act 2001 (cth) / Application to Enforce Earlier Orders and Obtain Interim Payment of Legal Costs Before an Application for Leave to Appeal and Any Consequent Appeal
Outcome
Application allowed in part; interim provision for legal expenses ordered, with some claimed amounts reduced.
Legal Topics
['receivers and Managers' 'provision for Legal Expenses' 'interim Payment of Legal Costs' 'appeal Costs' 'taxation of Costs']
['corporations Law' 'civil Procedure' 'costs'] ['receivers and Managers' 'provision for Legal Expenses' 'interim Payment of Legal Costs' 'appeal Costs' 'taxation of Costs']

Source-derived case record

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Procedural Posture

Application Pursuant to S 1321 of the Corporations Act 2001 (cth) / Application to Enforce Earlier Orders and Obtain Interim Payment of Legal Costs Before an Application for Leave to Appeal and Any Consequent Appeal

Legal Issues

  1. 1 ["Whether French J's order required the respondents to make provision for Bowesco's reasonable legal expenses before conclusion of the appeal and taxation of costs." "Whether the Court could order interim payments for counsel's fees, filing fees, photocopying expenses and solicitors' fees." 'What amounts should be allowed as interim provision for legal costs.']

Ratio Decidendi

French J's order that the respondents 'make provision' for Bowesco's reasonable legal expenses up to $50,000 did not defer all payment until after the appeal and taxation of costs. It contemplated provision for costs before that time, including interim payments. The respondents' contrary construction was a misapprehension, and interim payments were ordered in amounts Siopis J considered reasonable or recoverable on taxation.

Court Disposition

Application allowed in part; interim provision for legal expenses ordered, with some claimed amounts reduced.

Orders

  • ["The heading of the application be amended by substituting 'Oren Zohar, David Winterbottom and Mark Korda (Receivers and Managers of Westpoint Corporation Pty Ltd and of an Option Held by Bowesco Pty Ltd)' as respondents with 'Shaun Robert Fraser and John Patrick Cronin as Receivers and Managers of Lanepoint...