Examiner’s costs should have been approved by High Court

The Court of Appeal has allowed an appeal from the High Court and set aside a decision to refuse an examiner remuneration and costs, on the grounds that the examiner was entitled to payment from the companies' assets despite initial miscommunication regarding the directors' financial commitment. The High Court had previously refused the examiner's application for costs, influenced by the belief that the directors had pledged €150,000 to cover examinership costs, a commitment that was not fulfilled. However, the Court of Appeal found that the examiner's failure to clarify this discrepancy and the solicitor's incorrect affidavit did not amount to misconduct that would justify the total denial of costs. The Court of Appeal emphasized the importance of fair procedures and the statutory priority of examinership costs, concluding that the High Court's decision was outside the range of acceptable judgment calls.