Professional Computer Group Ltd, Re [2008] EWHC 1541 (Ch) (04 July 2008)

Professional Computer Group Ltd, Re [2008] EWHC 1541 (Ch) (04 July 2008)

It is just in all the circumstances to order Mountain to pay the company's increased costs from 8 April 2008, as Mountain's unsuccessful opposition caused significant additional costs, which would otherwise fall on the company and its creditors generally. The company's costs are also to be an expense of the administration. Mountain's own costs are not to be an expense of the administration.

Citation
[2008] EWHC 1541 (Ch)
Parties
Applicant: Professional Computer Group Ltd; Respondent: Mountain Software Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
04 July 2008
Procedural Posture
Administration Application (insolvency) / Post Judgment Costs Determination
Outcome
Company's costs to be an expense of the administration; Mountain's application for its costs as an expense dismissed; Mountain to pay company's increased costs from 8 April 2008, subject to reduction for costs that would have been incurred in an unopposed application.
Legal Topics
Administration Order, Costs Orders, Opposition by Creditor, Expense of Administration, Joinder of Party for Costs
Insolvency Civil Procedure Administration Order Costs Orders Opposition by Creditor Expense of Administration Joinder of Party for Costs

Case Brief

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Parties

Professional Computer Group Ltd

Applicant

Mountain Software Holdings Ltd

Respondent

Procedural Posture

Administration Application (insolvency) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the applicant's costs should be an expense of the administration
  2. 2 Whether the respondent creditor's costs should be an expense of the administration
  3. 3 Whether the respondent creditor should be ordered to pay the applicant's increased costs from the date of opposition

Ratio Decidendi

It is just in all the circumstances to order Mountain to pay the company's increased costs from 8 April 2008, as Mountain's unsuccessful opposition caused significant additional costs, which would otherwise fall on the company and its creditors generally. The company's costs are also to be an expense of the administration. Mountain's own costs are not to be an expense of the administration.

Court Disposition

Company's costs to be an expense of the administration; Mountain's application for its costs as an expense dismissed; Mountain to pay company's increased costs from 8 April 2008, subject to reduction for costs that would have been incurred in an unopposed application.

Orders

  • Company's costs are an expense of the administration.
  • Mountain's application for its costs as an expense of the administration is dismissed.