30 Nov 2010
FERN LIMITED (IN LIQUIDATION) V FINANCIAL TRUST LIMITED AND ANOR HC AK CIV-2009-404-004055
- Citation
- openlaw-ed08a40f_6905_4969_9044_4283b2db929b.pdf
- Court
- High Court
The Court held it was just to order non-party costs against Mr Clode, Ms Cooper and Wanganella Trustee Ltd because they deliberately used the injunction and then transferred Fern's sole asset to WTL and put Fern into liquidation to defeat FTL's ability to recover costs and extinguish its security; LJK and Mr Gilbertson were not ordered to pay because they did not control the litigation and no sufficient basis for liability was proved; strict causation was not required given the deliberate conduct to frustrate costs recovery.