17 Nov 2009
JOHN FRANCIS MANAGH V PETER ROSS JORDAN HC NAP CIV 2008-441-547
- Citation
- openlaw-bbbf5fb8_f768_4a68_8812_f4268786824a.pdf
- Court
- High Court
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.