Housemaker Services Ltd & Anor v Cole & Anor

Housemaker Services Ltd & Anor v Cole & Anor

The director's conduct did not go beyond the ordinary case of a director pursuing a company claim; there was no impropriety, bad faith, or improper conduct to justify a nonparty costs order.

Parties
Claimant: Housemaker Services Ltd; Claimant: Wayne Williams; Defendant: Huw Cole; Defendant: Susan Steggles-Cole
Jurisdiction
England and Wales
Judgment Date
26 April 2017
Procedural Posture
Application for Nonparty Costs Order / Post Judgment Application, Dealt With on Paper
Outcome
application dismissed
Legal Topics
Nonparty Costs Orders, Director Liability, Separate Legal Personality
Company Law Civil Procedure Nonparty Costs Orders Director Liability Separate Legal Personality

Case Brief

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Parties

Housemaker Services Ltd

Claimant

Wayne Williams

Claimant

Huw Cole

Defendant

Susan Steggles-Cole

Defendant

Procedural Posture

Application for Nonparty Costs Order / Post Judgment Application, Dealt With on Paper

Legal Issues

  1. 1 Whether a director should be ordered to pay costs awarded against a dissolved company
  2. 2 Whether the director's conduct justifies piercing the corporate veil for costs liability

Ratio Decidendi

The director's conduct did not go beyond the ordinary case of a director pursuing a company claim; there was no impropriety, bad faith, or improper conduct to justify a nonparty costs order.

Court Disposition

application dismissed

Orders

  • Application for nonparty costs order against the director dismissed.
  • Parties invited to agree a suitable order to give effect to the judgment; failing agreement, written submissions to be made within specified time.