Re Roberts Construction Group Pty Ltd (No 3) (Costs)

[2026] VSC 53

Supreme Court of Victoria

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Interrogate

Catchwords

1. Corporations
2. › Insolvency
3. › Winding up
4. › Costs following dismissal of winding up application
5. › Indemnity costs
6. › Whether unreasonable rejection of Calderbank offer
7. › Whether proceeding commenced for ulterior purpose
8. › Corporations Act 2001 (Cth), ss 459A, 459P, 467(1)(a), 467A(1)
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Calderbank offer
5. › Factors relevant to whether rejection of offer was unreasonable
6. › Stage of proceeding
7. › Time allowed for consideration
8. › Extent of compromise
9. › Recipient's prospects of success
1. Practice and Procedure
2. › Costs
3. › Non-party costs order
4. › Costs against sole director personally
5. › Director's failure to maintain company registration causing deregistration during proceeding
6. › Whether director's conduct caused unnecessary costs
1. Practice and Procedure
2. › Costs
3. › Discontinuance
4. › Supporting creditor discontinuing substitution application
5. › Whether default rule that discontinuing party pays costs should be displaced
6. › Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 63.15

Quick Take

A director's failure to maintain a company's registration during proceedings, causing the company to be deregistered and the opposing party to incur unnecessary costs, may ground a personal indemnity costs order against the director for the period of deregistration.