PROCEDURE - COSTS - Proceedings brought to determine the validity of appointment of voluntary administrator of a company
› Where the court declared that the appointment was invalid
› Duties of purported administrator to question the validity of the appointment - Administrators did not breach any relevant duty - Administrators are entitled to remuneration and costs.
Procedure
› COSTS
› Remuneration - External administrator invalidly appointed is entitled to make a claim for remuneration on a quantum meruit basis
› Administrators put their claim for remuneration on the basis of an implied request
Procedure
› COSTS
› Costs of interlocutory process in proceedings concerning validity of appointment of voluntary administrators
› Voluntary administrators and their lawyers complied with their duties - entitled to costs of interlocutory process.
Corporations
› Administration
› Voluntary administrators
› Equitable lien
› Administrators entitled to lien to secure any reasonable remuneration, costs and disbursements incurred by them in their capacity as purported voluntary administrators.
Case Details
Citation[2017] NTSC 57
CourtNTSC
JurisdictionNorthern Territory
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