Paper Mache Tiger Limited v Lee Mathews Workroom Pty Ltd (in Liquidation)

Paper Mache Tiger Limited v Lee Mathews Workroom Pty Ltd (in Liquidation)

Ms Mathews was not the real party to the litigation; LMW remained the real defendant throughout. No evidence of personal benefit to Ms Mathews from the proceedings. No serious misconduct or bad faith by Ms Mathews or LMW causing PMT to incur unnecessary costs. Justice does not require a non-party costs order.

Parties
Claimant/applicant: Paper Mache Tiger Limited; Defendant: Lee Mathews Workroom PTY LTD (in Liquidation); Respondent: Lee Mathews
Jurisdiction
England and Wales
Judgment Date
17 February 2023
Procedural Posture
Application Under S.51 Senior Courts Act 1981 for Non Party Costs Order / Judgment on Application
Outcome
Application dismissed
Legal Topics
Non Party Costs Orders, Director Liability, Liquidation, Agency Agreement, Misconduct in Litigation
Civil Procedure Company Law Non Party Costs Orders Director Liability Liquidation Agency Agreement Misconduct in Litigation

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Parties

Paper Mache Tiger Limited

Claimant/applicant

Lee Mathews Workroom PTY LTD (in Liquidation)

Defendant

Lee Mathews

Respondent

Procedural Posture

Application Under S.51 Senior Courts Act 1981 for Non Party Costs Order / Judgment on Application

Legal Issues

  1. 1 Whether Ms Mathews was the real party to the litigation for purposes of s.51 Senior Courts Act 1981
  2. 2 Whether there was serious misconduct justifying a non-party costs order

Ratio Decidendi

Ms Mathews was not the real party to the litigation; LMW remained the real defendant throughout. No evidence of personal benefit to Ms Mathews from the proceedings. No serious misconduct or bad faith by Ms Mathews or LMW causing PMT to incur unnecessary costs. Justice does not require a non-party costs order.

Court Disposition

Application dismissed