10 Sept 2010
MAGSONS HARDWARE LIMITED AND ANOR V PRITISH PATEL AND ANOR HC AK CIV-2010-404-2891
- Citation
- openlaw-889b09db_83ab_46e0_9ce7_2cd32dccb73e.pdf
- Court
- High Court
A liquidator is entitled to decline consent under s248 and to leave the question to the Court; absent established bad faith or exceptional circumstances the liquidator will not be personally liable for costs for refusing consent. The liquidator's conduct, though somewhat confrontational, did not amount to bad faith; accordingly costs against the liquidator personally are refused, costs between applicants and the liquidator lie where they fall, and a Category 2B costs order is made in favour of the applicants against the company in liquidation (second respondent).