Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court orders that the liquidator of two companies is entitled to recovery of fees overpaid to an insolvency practitioner or accountant, on the grounds that the parties agreed to engage the services of an expert to determine reasonable fees, and the Court will not intervene lightly in a genuine effort to adopt an alternative dispute resolution approach.
Liquidation - voluntary liquidation – liquidator seeking recovery of fees estimated or calculated to have been overpaid to an insolvency practitioner or accountant - reasonableness of the fees - clauses of the 2017 agreement to resolve proceedings - joint appointment of an independent expert - access to documents – affidavit – submissions - adjournment of court proceedings - failure to reach a determination - expert’s determination - challenge to determination as based on mistake is ill-founded - after payment of fees and the release of his report alleged the expert had erred in his consideration - law on expert determination - first step must be to see what the parties have agreed, and then to identify if the expert followed the request for his expert determination - approach to interpretation - interpreting the 2017 Agreement to resolve proceedings - asked to determine the level of fees that would reasonably be charged by the liquidator having regard to the fact that the companies were likely to be insolvent and transpired to be insolvent - creation of new request – Court orders recovery of fees.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.