A liquidator who continues to oppose a defence based on affidavit evidence that is concededly false due to insufficient care, where the error is on a matter of central importance and could have been readily identified by the liquidator's legal advisers, acts improperly in the Beddoe sense and may be ordered to pay costs personally on an indemnity basis. The negligence of a liquidator's legal advisers in failing to identify and correct demonstrably false affidavit evidence is attributed to the liquidator for the purposes of assessing Beddoe impropriety. Where a liquidator's opposition to an estoppel defence in one set of proceedings is found to be unreasonable, that finding may constitute 'exceptional circumstances' justifying a personal costs order against the liquidator as respondent in related proceedings raising the same factual matrix.
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