Environmental & Earth Sciences Pty Limited v Vouris (No 2) [2006] FCA 771

Environmental & Earth Sciences Pty Limited v Vouris (No 2) [2006] FCA 771

Plaintiff's costs for specified applications and hearings are to be paid out of the assets of the second defendant company, per s 556(1)(dd) Corporations Act 2001, not personally by the administrator; otherwise, there should be no order as to costs.

Jurisdiction
Australia
Judgment Date
19 June 2006
Procedural Posture
Originating Process With Amended Process and Interlocutory Application / Post Hearing Orders and Reasons for Judgment on Costs
Outcome
Costs partially awarded to plaintiff, ordered to be paid out of company assets; otherwise no order as to costs.
Legal Topics
['voluntary Administration' "administrator's Liability" 'costs' 'indemnity']
['corporations Law'] ['voluntary Administration' "administrator's Liability" 'costs' 'indemnity']

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Procedural Posture

Originating Process With Amended Process and Interlocutory Application / Post Hearing Orders and Reasons for Judgment on Costs

Legal Issues

  1. 1 ['Appropriate order for costs in proceedings involving voluntary administrator' "Whether costs should be covered by indemnity out of company's assets" 'Applicability of s 556(1)(dd) Corporations Act 2001' "Administrator's liability and possibility of relief under s 1318(1) Corporations Act 2001"]

Ratio Decidendi

Plaintiff's costs for specified applications and hearings are to be paid out of the assets of the second defendant company, per s 556(1)(dd) Corporations Act 2001, not personally by the administrator; otherwise, there should be no order as to costs.

Court Disposition

Costs partially awarded to plaintiff, ordered to be paid out of company assets; otherwise no order as to costs.

Orders

  • ["One half of the plaintiff's costs of the hearing on 22 May 2006 and all of the costs of the plaintiff of its application filed 21 April 2006 and its amended application filed on 11 May 2006 on a party and party basis be paid out of the assets of the second defendant." 'The costs to be paid from the assets of the...