High Court, in determining the costs of legal proceedings arising from an application for directions brought by the liquidator and appeal from an interim Mareva injunction made by the Circuit Court, determines that the liquidator should be entitled to 80% of his costs for the application for directions on the grounds that costs follow the event, the finding that the costs of the remedial orders and the costs of the Circuit Court were not to be treated as costs and expenses carrying priority in the liquidation but the liquidator did not persuade the Court that all of the costs of the Circuit Court proceedings ought not to be without priority, makes no order as to costs for the appeal, that the costs of the leave application should be deemed to be a cost and expense in the liquidation and measures the Circuit Court costs
Costs of legal proceedings - directions brought by the liquidator and appeal from an interim Mareva injunction made by the Circuit Court - logical consequence of that judgment was that the appeal from a Mareva injunction had to be allowed – costs of the application pursuant to s. 631 of the Companies Act - costs of bringing the application for directions be treated as costs of the winding up of the Companies - application for directions – liquidator argued that they were successful in the main “event” which arose for determination in the application for directions, namely that he succeeded in his argument that the company was for the most part to be treated as an unsecured creditor – company argued statutory application by the liquidator and are not to be characterised, therefore, as inter partes litigation – starting point is that costs follows the event - the “event” in the present case was the finding in the principal judgment that the costs of the remedial orders and the costs of the Circuit Court were not to be treated as costs and expenses carrying priority in the liquidation, save with regard to one aspect thereof - liquidator did not persuade me that all of the costs of the Circuit Court proceedings ought not to be without priority - liquidator should be entitled to 80% of his costs against the company - cost of the appeal of the Circuit Court Mareva injunction - the hearing of the appeal took up no time or additional resources - no order as to costs on the appeal and to vacate the order for the Mareva injunction - costs of the leave application - costs of the leave application should be deemed to be a cost and expense in the liquidation - measurement and apportionment of the Circuit Court costs - instruction fee €11,000, counsel €4,500, outlay €1,000, motion fee for junior counsel not otherwise engaged with the litigation €250 - a figure of €2000, plus VAT in respect of mapping.