High Court refuses liquidator's application for court to measure/fix its remuneration (including legal costs) of two separate company liquidations, on the grounds that it was unreasonable to ask the court to measure liquidator's remuneration and legal costs given the letters of offer and negotiation between parties.
Liquidation - official liquidator's costs including solicitors' costs - application to fix/measure costs - O.74, r.46 RSC - two liquidations - two companies - works done by liquidator and solicitors from March 2012 - liquidations substantially completed by October 2015 - whether items included pertaining to current notice of motion should be allowed - legal fees requested referred to legal costs accountants for reports - applicant subsequently sought to modify downwards the figures sought in pleadings - amendment opposed - grounds of opposition - liquidations a matter of contract with revenue commissioners so court's powers circumscribed - amounts excessive - estimates based on time alone - open offer letter advanced to applicant prior to application exceeds amount which reasonably could be claimed - inappropriate to include costs of present inter pares motion - jurisdiction - court's supervisory function remains intact despite contractual arrangement regarding liquidation - principles to be applied in measuring reasonable remuneration - nature of work carried out, complexity and value to client - time engaged - application of principles - liquidator's agreement with revenue commissioners at outset - billing guides - contents of successive reports overlap - legal costs - section 68 letter - liquidator's undertaking to maintain 'strict control' over legal costs - total measurement figure - motion costs - no assets - unreasonable to ask court to measure liquidator's remuneration and legal costs given letters of offer and negotiation between parties - no order as to revenue commissioners' motion costs.