Cribb (Liquidator) v Jackson

Cribb (Liquidator) v Jackson is a case before the Federal Court of Australia. The liquidator of a company, Walcosra, is pursuing a claim against Mr Jackson. Mr Jackson has been defending the claim pro se and has also filed a cross-claim against the liquidator and two companies, which he believes are associated with RSM Australia. The liquidator has sought to have the cross-claim dismissed with costs, arguing that it is frivolous and vexatious. The court has already ordered that the cross-claim be dismissed and that Mr Jackson pay the liquidator's costs. Mr Jackson has applied to vary the time for payment of those costs.

The legal issues in this case are whether the court has the power to vary the time for payment of costs under a prior costs order, and whether such an order can be varied even though it was not made payable forthwith. The court must also consider whether the costs orders on the discontinuance were interlocutory and could be varied.

The court found that the costs orders were interlocutory and could be varied. The court also found that the costs orders were not made payable forthwith, but that did not prevent the court from varying the time for payment. The court varied the costs order to provide for the payment of costs upon the determination of the application by the liquidator. The court also adjourned the case management hearing until a later date.

In summary, the court has granted the liquidator's application to vary the time for payment of costs under a prior costs order. The orders provide for the payment of costs upon the determination of the application by the liquidator and adjourn the case management hearing until a later date.