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High Court refuses to award applicant remuneration for work he had carried out as a provisional liquidator at the level sought, instead awarding remuneration at the level recommended by the respondent and notice party, on the grounds, inter alia, that the applicant had failed to discharge the onus on him to establish the level of fees and to particularise his claims.
Applicant had been appointed as liquidator before being replaced – seeks renumeration for work carried out as provisional liquidator – opposed in that respondent and notice party claim he is seeking an excessive amount - onus on liquidator to discharge proof of level of claim sought as well as keep full particulars and records and to act in commercial sense – report improperly particularised in terms of work done – alternative fee review provided by respondent persuasive – concerns raised about commercial prudence – work done to have applicant appointed as processor cannot be feed for as it was in his own interest – lack of clarity regarding position and renumeration of some consultants – concern raised regarding separate secretarial support – not entitled to legal costs of previous application– renumeration set at level sought by respondent and notice party
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