In the matter of RMGA Pty Limited (No 2) [2012] NSWSC 880

In the matter of RMGA Pty Limited (No 2) [2012] NSWSC 880

Because Mr Clout was substantially successful in his application, the Court exercised its discretion to order Ms Gardner to pay the costs of and incidental to the Interlocutory Process. The review of Mr Clout's remuneration was referred to an Associate Justice, and costs of that review are to be determined by the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 August 2012
Procedural Posture
Corporations Matter (consequential Orders) / Post Primary Judgment, Making Consequential Orders
Outcome
Detailed consequential orders made to give effect to prior judgment, referral to Associate Justice for review of remuneration, and costs order against Respondent.
Legal Topics
['consequential Orders' 'costs' 'review of Remuneration']
['corporations Law' 'practice and Procedure'] ['consequential Orders' 'costs' 'review of Remuneration']

Source-derived case record

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Procedural Posture

Corporations Matter (consequential Orders) / Post Primary Judgment, Making Consequential Orders

Legal Issues

  1. 1 ['Whether orders should be made to effect the prior judgment regarding the liquidator’s remuneration' 'How costs of the Interlocutory Process should be allocated']

Ratio Decidendi

Because Mr Clout was substantially successful in his application, the Court exercised its discretion to order Ms Gardner to pay the costs of and incidental to the Interlocutory Process. The review of Mr Clout's remuneration was referred to an Associate Justice, and costs of that review are to be determined by the Associate Justice.

Court Disposition

Detailed consequential orders made to give effect to prior judgment, referral to Associate Justice for review of remuneration, and costs order against Respondent.

Orders

  • ['Remuneration of David Lewis Clout as official liquidator of RMGA Pty Ltd for specified period to be reviewed under s 473(3)(b)(ii) of Corporations Act 2001.' 'Review referred to an Associate Justice for conduct and determination.' 'Listing before Associate Justice for directions with notice to parties.'...