In the matter of Complete Investing Services Pty Ltd (in liq) (Costs) [2018] NSWSC 1059

In the matter of Complete Investing Services Pty Ltd (in liq) (Costs) [2018] NSWSC 1059

The costs order of 29 June 2018 is varied to exclude costs incurred on 18 June 2018 because the respondent was not heard on the issue and the applicant's late provision of evidence caused costs to be thrown away; otherwise, there is no justification for further apportionment due to delay. The liquidator's reasonable...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Corporations – Application Regarding Costs After Winding Up Set Aside / Post Judgment Costs Orders, Variation Application
Outcome
Orders made as per judgment: varied costs order and apportionment of liquidator's costs.
Legal Topics
['costs' 'winding Up' "liquidator's Costs" 'varying Costs Orders']
['corporations' 'civil Procedure'] ['costs' 'winding Up' "liquidator's Costs" 'varying Costs Orders']

Source-derived case record

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Procedural Posture

Corporations – Application Regarding Costs After Winding Up Set Aside / Post Judgment Costs Orders, Variation Application

Legal Issues

  1. 1 ['Whether the costs order made on 29 June 2018 should be varied to exclude costs thrown away by the directions hearing on 18 June 2018' "How the liquidator's costs and remuneration should be apportioned between the parties"]

Ratio Decidendi

The costs order of 29 June 2018 is varied to exclude costs incurred on 18 June 2018 because the respondent was not heard on the issue and the applicant's late provision of evidence caused costs to be thrown away; otherwise, there is no justification for further apportionment due to delay. The liquidator's reasonable costs and remuneration up to and including 25 June 2018 are to be shared equally between the plaintiff and the defendant as responsibility for the circumstances leading to the winding-up order and its setting aside lies equally with both parties.

Court Disposition

Orders made as per judgment: varied costs order and apportionment of liquidator's costs.

Orders

  • ['Vary order 4 made on 29 June 2018, by excluding from the costs payable by the plaintiff to the applicant, the costs thrown away and occasioned by the directions hearing on 18 June 2018.' "Order that the plaintiff and the defendant each pay to the liquidator, Mr Jason Porter, 50 percent of the liquidator's...