Conlan v Adams

The Supreme Court of Western Australia was presented with an appeal from the decision of Master Sanderson, who was acting in his capacity as a Master of the Supreme Court, in the case of Conlan v Adams. The appellant, Mark Anthony Conlan, acting as liquidator of Rowena Nominees Pty Ltd, sought to challenge the Master's decision on the remuneration he was entitled to for his services. The respondents, K F & A C Adams and Karri Oak Ltd, opposed the appellant's claims and argued against the proposed orders.

The primary legal issue before the court was whether the appellant was entitled to the proposed orders, which included the backdating of his remuneration, indemnity costs, a further interim payment, and a certificate for the cost of the transcript. The court also needed to determine whether the respondents' costs of the appeal should be taxed and paid out of the trust fund.

In its judgment, the court found that while the appellant was entitled to his remuneration, the backdating of the order was not appropriate as it would result in the payment of interest from the date of the order. The court also declined the appellant's application for indemnity costs due to the unsatisfactory presentation and conduct of the case by both parties. However, the court did allow a further interim payment to the appellant due to the significant delays in the case. The court also allowed the request for a certificate for the cost of the transcript of the proceedings before the Master, as it was appropriately incurred. Lastly, the court ordered that the respondents' taxed costs of the appeal be paid from the trust funds, as there was no challenge to that order.

The court allowed the appeal and set aside the order made by Master Sanderson on 30 March 2006. The court allowed the remuneration of the appellant, with specific conditions on the backdating of the order, disallowed certain costs, allowed a further interim payment, and ordered that the respondents' taxed costs of the appeal be paid from the trust funds.