Cuthbertson & Richards Sawmills Pty Ltd v Thomas (No 2) [1999] FCA 1789

Cuthbertson & Richards Sawmills Pty Ltd v Thomas (No 2) [1999] FCA 1789

The respondent liquidator, having defended the proceedings rather than instituted them and there being no misconduct or other reason for personal liability, should not be personally liable for costs; only the company's assets are liable for the appellant's costs.

Parties
Appellant: Cuthbertson & Richards Sawmills Pty Limited; Respondent: Gavin Frederick Crichton Thomas
Jurisdiction
Australia
Judgment Date
21 December 1999
Procedural Posture
Appeal / Post Judgment Costs Application
Outcome
appellant's notice of motion dismissed with costs
Legal Topics
Liquidator's Liability for Costs, Costs Orders, Appeals
Corporations Law Civil Procedure Liquidator's Liability for Costs Costs Orders Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Cuthbertson & Richards Sawmills Pty Limited

Appellant

Gavin Frederick Crichton Thomas

Respondent

Procedural Posture

Appeal / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the liquidator is personally liable for costs awarded against him as respondent to an appeal.

Ratio Decidendi

The respondent liquidator, having defended the proceedings rather than instituted them and there being no misconduct or other reason for personal liability, should not be personally liable for costs; only the company's assets are liable for the appellant's costs.

Court Disposition

appellant's notice of motion dismissed with costs

Orders

  • The appellant's notice of motion dated 1 September 1999 is dismissed.
  • The appellant pay the respondent's costs.