18 Mar 2022
The receivership of the retentions fund is ended because the receiver completed the receivership duties, filed a final report, and the entitled subcontractors have been paid in full; the absence of interest on claims was consistent with the prior court judgment and did not prevent closure of the receivership.
29 Oct 2020
Applicant was entitled to a costs award as he achieved the relief sought by the proceedings (receiver terminated receivership and appointer acknowledged no right and undertook not to appoint another); costs follow the event and, although respondent acted responsibly, that did not justify denying or substantially reducing costs; costs awarded on a 2B basis with specified day allowances.
15 May 2020
Having reviewed the receivers' final report and the achieved distribution (approximately 96 cents in the dollar), the Court concluded that the receivership of the retentions fund had been completed satisfactorily and therefore should be formally brought to an end, while expressly preserving the receivers' continuing role in respect of the company's receivership.
22 Jun 2010
Threshold satisfied because plaintiff was in receivership and had no available assets to meet adverse costs; no undue delay by defendants; balancing factors of fairness and equity favoured security given sole shareholder would benefit and could put company in funds; court exercised discretion to order security of $30,000 to be paid into court and stayed proceedings until payment; defendants awarded costs of $1,500.