Londish v Sheahan & Ors – In re Valofo Pty Ltd (No 2) [2010] NSWSC 446

Londish v Sheahan & Ors – In re Valofo Pty Ltd (No 2) [2010] NSWSC 446

Although a submitting party would ordinarily not need representation throughout a trial, the Plaintiff's refusal to assure the liquidators that their credibility or conduct would not be attacked created a valid apprehension that they might need to meet such an attack. In those unusual circumstances, the liquidators were justified in maintaining representation at the trial, and the Plaintiff should bear those costs, to be assessed rather than fixed as a lump sum.

Jurisdiction
Australia
Judgment Date
11 May 2010
Procedural Posture
Corporations Costs / Consequential Orders After Judgment
Outcome
Plaintiff to pay Defendants' costs.
Legal Topics
['submitting Appearance' 'costs of Representation at Hearing' 'liquidators']
['corporations' 'costs'] ['submitting Appearance' 'costs of Representation at Hearing' 'liquidators']

Case Brief

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Procedural Posture

Corporations Costs / Consequential Orders After Judgment

Legal Issues

  1. 1 ['Whether the First Defendants, having filed a submitting appearance, should recover their costs of solicitor and counsel attending the hearing.' "Whether the Plaintiff should bear the liquidators' costs of representation at the trial after refusing to confirm that no attack would be made on the liquidators' credibility or conduct."]

Ratio Decidendi

Although a submitting party would ordinarily not need representation throughout a trial, the Plaintiff's refusal to assure the liquidators that their credibility or conduct would not be attacked created a valid apprehension that they might need to meet such an attack. In those unusual circumstances, the liquidators were justified in maintaining representation at the trial, and the Plaintiff should bear those costs, to be assessed rather than fixed as a lump sum.

Court Disposition

Plaintiff to pay Defendants' costs.

Orders

  • ["The Plaintiff should bear the liquidators' costs of representation at the trial." "The liquidators' costs are to be the subject of an assessment rather than a lump sum costs order." 'Orders made in the Short Minutes.']