1 Dec 2022
In the absence of bad faith or other exceptional conduct by the liquidators, refusing to consent and opposing a leave application is within their statutory role and does not justify increased costs or personal liability; therefore award ordinary costs against the company on a 2B basis and decline uplift or personal orders against the liquidators.
30 Nov 2021
The liquidator entered into an agreement to obtain documents and a CCC in exchange for payment to his company after the property had been sold, pursued a s 266 application filed in the company name that was aimed at the liquidator's personal/third‑party benefit despite clear evidence the claim lacked merit, and thus exceptional circumstances and impropriety justified ordering personal costs against the liquidator.
17 Nov 2009
Where a liquidator sues in his own name he is personally liable for costs except in exceptional circumstances; claims that are not enforceable only by a liquidator do not attract special protection and a liquidator will not ordinarily be shielded from personal costs liability, although the court may reduce costs for partial success or for reasonable conduct. Applying scale 2B the Court fixed $13,600 then reduced that by 50% for partial success, awarding $6,800 plus disbursements to the defendant, with the plaintiff personally liable.