C Pty Ltd (in Liquidation) and Karbines & Anor

The proceedings involved C Pty Ltd (in Liquidation) as an intervener, seeking orders for costs against the husband and wife. The husband also sought a stay of enforcement of a prior court order. The matter came before Dawe J.

The court was required to determine whether to fix the quantum of the liquidator's costs, given the liquidator's application for costs of various attendances and the husband's unsuccessful opposition. Additionally, the court had to consider the husband's informal request for a stay of enforcement of an existing order.

Dawe J determined it was appropriate to exercise discretion to fix the liquidator's costs to prevent further delay and the expense of a formal assessment. The court found the husband to be wholly unsuccessful in his opposition to the liquidator's applications and therefore ordered him to pay the liquidator's costs. Regarding the husband's request for a stay, the court noted the absence of a formal application and deemed it inappropriate to exercise its discretion to grant a stay in such circumstances. The application filed by C Pty Ltd (in Liquidation) on 21 September 2009 was dismissed.