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.
Liquidator is personally liable for costs of unsuccessful appeal in relation to the fixing of his fees and outlay
|
or click here to request site subscription to search and view all judgments |
Court of Appeal, having previously in an ex tempore judgment dismissed the appellant's appeal of a decision of the High Court fixing the fees/renumeration and outlay of the liquidator, confirms that the respondent is to be awarded the costs of the appeal, on the grounds that: (a) the proceedings were not ‘forced upon’ the appellant as it was the appellant’s excessive claims which prompted the application and he chose to defend his actions and to appeal an adverse result; and (b) there was evidence of acts or omissions of bad faith, if not misconduct, on the part of the appellant in failing to comply with the direction of the High Court to pay out €42,161.31 to the respondent despite there being no stay on the High Court order, and this was exacerbated by the failure to give any proper explanation for failing to comply with that order or to explain why there was now only about €22,000 in the liquidation account.
Haughton J (nem diss): Application for costs following the dismissal of the appellant's appeal of a decision of the High Court fixing the fees/renumeration and outlay of the liquidator, who was the appellant - following the dismissal of the appeal, the Court awarded the costs of the appeal to the respondent and ordered that the appellant was to pay the costs of the appeal personally - as the appellant had to pay the costs personally, the Court allowed further written submissions to be made - section 281 of the Companies Acts 1963 - Order 74, rule 128 of the Rules of the Superior Courts - whether the appellant was entitled to an indemnity in respect of his costs - Court confirms the award of costs in favour of the respondent - appellant to pay the costs of the appeal personally
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.
