Grace v. Kachkar & Anor [2005] IEHC 160 (5 May 2005)

Grace v. Kachkar & Anor [2005] IEHC 160 (5 May 2005)

The phrase 'costs incurred by the applicant in investigating the matter' in s.150(4B) Companies Act 1990 does not include the remuneration of the liquidator or his colleagues for time spent investigating the matters relevant to the application; it refers only to sums payable to third parties, not the applicant's own...

Source-derived case information.

Citation
[2005] IEHC 160
Parties
Applicant: Tom Grace, Liquidator; Respondent: Jack Kachkar; Respondent: Robert McClellan Carrigan
Jurisdiction
Ireland
Judgment Date
05 May 2005
Procedural Posture
Company Law Application (liquidation/restriction of Directors) / Post Judgment Application for Costs
Outcome
Claim for costs relating to remuneration of the applicant and his colleagues disallowed.
Legal Topics
Liquidator's Costs, Interpretation of Statutory Costs Provisions, Restriction of Directors, Remuneration of Liquidator
Company Law Insolvency Law Liquidator's Costs Interpretation of Statutory Costs Provisions Restriction of Directors Remuneration of Liquidator

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Parties

Tom Grace, Liquidator

Applicant

Jack Kachkar

Respondent

Robert McClellan Carrigan

Respondent

Procedural Posture

Company Law Application (liquidation/restriction of Directors) / Post Judgment Application for Costs

Legal Issues

  1. 1 Whether 'costs incurred by the applicant in investigating the matter' under s.150(4B) Companies Act 1990 includes remuneration of the liquidator and his colleagues

Ratio Decidendi

The phrase 'costs incurred by the applicant in investigating the matter' in s.150(4B) Companies Act 1990 does not include the remuneration of the liquidator or his colleagues for time spent investigating the matters relevant to the application; it refers only to sums payable to third parties, not the applicant's own remuneration.

Court Disposition

Claim for costs relating to remuneration of the applicant and his colleagues disallowed.

Orders

  • So much of the claim for costs as relates to the remuneration of the applicant and his colleagues is not allowed.