Hem, in the matter of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement) (No 2) v Cant (Administrator of the Deed of Company Arrangement of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement)) [2007] FCA 549

Hem, in the matter of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement) (No 2) v Cant (Administrator of the Deed of Company Arrangement of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement)) [2007] FCA 549

The plaintiff was entitled to costs of the review and the successful appeals, payable as costs of the administration, but not all on a solicitor and client basis. The loan proof appeal attracted party and party costs. The wrongful dismissal proof appeal attracted party and party costs up to and including 11 October 2006 and solicitor and client costs thereafter because the administrator rejected the plaintiff's 27 September 2006 compromise offer without seeking directions. The administrator was not personally liable because there was no misconduct or negligence. The plaintiff had to pay the defendant's 3 October 2006 costs on a solicitor and client basis because those costs were...

Jurisdiction
Australia
Judgment Date
18 April 2007
Procedural Posture
Costs in Appeals From an Administrator's Rejection of Proofs of Debt in a Deed of Company Arrangement / Reasons for Judgment and Orders on Costs After Review of Registrar's Refusal to Extend Time and Appeals From Rejection of Proofs of Debt
Outcome
Costs orders made partly in favour of the plaintiff and partly in favour of the defendant.
Legal Topics
['proofs of Debt' 'deed of Company Arrangement' 'extension of Time' "review of Registrar's Decision" 'offer of Compromise' 'party and Party Costs' 'solicitor and Client Costs' "administrator's Duties"]
['insolvency' 'civil Procedure' 'costs'] ['proofs of Debt' 'deed of Company Arrangement' 'extension of Time' "review of Registrar's Decision" 'offer of Compromise' 'party and Party Costs' 'solicitor and Client Costs' "administrator's Duties"]

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Procedural Posture

Costs in Appeals From an Administrator's Rejection of Proofs of Debt in a Deed of Company Arrangement / Reasons for Judgment and Orders on Costs After Review of Registrar's Refusal to Extend Time and Appeals From Rejection of Proofs of Debt

Legal Issues

  1. 1 ["Whether the administrator should bear the costs of the plaintiff's application to extend time while it was before the registrar." "Whether the plaintiff should receive the costs of the review of the registrar's refusal to extend time." 'What costs order should be made for the successful appeal concerning the proof of debt for the loan.' "What costs order should be made for the successful appeal concerning the proof of debt for wrongful dismissal, including the effect of the plaintiff's rejected offer of compromise." 'Whether costs should be ordered against the administrator personally.' 'Whether the plaintiff should pay the costs of the 3 October 2006 hearing occasioned by his application to reopen his case and tender additional evidence.']

Ratio Decidendi

The plaintiff was entitled to costs of the review and the successful appeals, payable as costs of the administration, but not all on a solicitor and client basis. The loan proof appeal attracted party and party costs. The wrongful dismissal proof appeal attracted party and party costs up to and including 11 October 2006 and solicitor and client costs thereafter because the administrator rejected the plaintiff's 27 September 2006 compromise offer without seeking directions. The administrator was not personally liable because there was no misconduct or negligence. The plaintiff had to pay the defendant's 3 October 2006 costs on a solicitor and client basis because those costs were...

Court Disposition

Costs orders made partly in favour of the plaintiff and partly in favour of the defendant.

Orders

  • ["The plaintiff's costs of the application for review of the decision of the registrar made on 10 May 2006 be taxed in default of agreement and be paid as part of the costs of the administration of Coulco Trading Pty Ltd (Subject to Deed of Company Arrangement)." "The plaintiff's costs of the appeals from the...