Liquidator awarded costs on a “solicitor and own client” basis

Costs of legal proceedings - costs of a motion which was issued by the Investor Compensation Company DAC - also sought an order to restrain the liquidator from making distributions to clients – stay – Court refused to direct the liquidator/administrator to bring an application for directions - information and stay application - entirely ancillary and incidental to the directions motion – Judge in best position to determine the costs - whether the ICCL should cover costs on a ‘solicitor and own client’ basis - but for the decision taken by the ICCL to assert various claims against client assets (which were not assets of CHC), there would have been no need for either the information and stay application or the directions motion - liquidator was simply trying to carry out his duties in an appropriate fashion - official liquidator is already entitled to the costs of the adjudication of any orders for costs that may be made in his favour - interests of justice require that neither the liquidator, nor the relevant company, nor its clients, face the potential of having to meet any element of costs all of which were generated as a result of ICCL’s decision in its own interests, to articulate and pursue rights which it did not have - justice of the situation is met by making an order that the official liquidator’s costs be on a ‘solicitor and own client’ basis - Court has no jurisdiction to remove from the ICCL the entitlement, should it so wish, to make a tender or lodgement as regards the official liquidator’s costs -