Frontier Touring Co Pty Ltd v Peter Rodgers - Costs [2005] NSWSC 849

There is no basis for departing from the principle that the liquidator may recoup costs out of company assets due to absence of exceptional circumstances or improper conduct; costs order should be on party/party basis.

Jurisdiction: Australia
Judgment Date: 25 August 2005
Procedural Posture: Costs Application After Variation of Liquidator's Proof of Debt Decision / Judgment on Costs
Outcome: Defendant to pay plaintiff's costs on party/party basis; such costs to be recouped by him as an expense of the winding up.
Legal Topics: ["liquidator's Conduct" 'proof of Debt' 'costs Orders' 'recoupment of Costs']

['corporations Law' 'civil Procedure'] ["liquidator's Conduct" 'proof of Debt' 'costs Orders' 'recoupment of Costs']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Costs Application After Variation of Liquidator's Proof of Debt Decision / Judgment on Costs

Legal Issues

1 ['Whether costs should be paid by the liquidator personally and without recourse to company assets' 'Whether costs should be assessed on the indemnity basis or party/party basis' 'Whether exceptional circumstances exist warranting departure from ordinary costs rules']

Ratio Decidendi

Court Disposition

Defendant to pay plaintiff's costs on party/party basis; such costs to be recouped by him as an expense of the winding up.

Orders

["Defendant pay plaintiff's costs of proceedings on party/party basis, such costs to be recouped by him as an expense of the winding up."]