28 Jul 2022
Respondent was entitled to scale costs but not at the level claimed; the Court awarded 2B scale costs for specified items totalling 3.2 days, resulting in costs of $7,648; inability to pay alone did not justify departure from the general principle that costs follow the result.
1 Oct 2021
On de novo review the judge concluded the appellant was not unable to pay the fee because he had access to substantial precious metals (held in trust) and had previously offered silver as security; accordingly the fee waiver was properly declined and the review application was dismissed.
21 Nov 2019
An unopposed judgment debt combined with an unsatisfied statutory demand, the defendant's attempts to defer payment, and the defendant's failure to contest or pay amount to evidence that the company cannot pay its debts as they fall due; accordingly liquidation is appropriate.
3 Jun 2011
The court applied the principle from Taito that inability to pay does not negate entitlement to costs and, finding no criticism of the respondent's conduct and that the respondent was the successful party, ordered costs of $13,100 plus $92 disbursements.
7 May 2010
Because the applicant failed to provide any explanation showing the appeal raised matters of public interest and did not supply evidence of inability to pay, there was no basis to overturn the Deputy Registrar's refusal to waive the filing fee.
9 Jul 2008
Defendant is insolvent, there is no evidence of creditor opposition, and the defendant's contention that speculative recovery from the St Lukes development justifies refusal or adjournment is unsupported and commercially risky; capitalised interest and uncertain completion render the prospect of recovery insufficient to deny liquidation; appointment of liquidators is necessary to investigate intercompany transactions and protect creditors, therefore the winding up order is granted and liquidators appointed.