In the matter of Complete Investing Services Pty Ltd (in liq) (Costs)

The case concerns an application by Complete Investing Services Pty Ltd, in liquidation, for costs following a successful application to set aside a winding-up order. The liquidator argued that the costs incurred should be shared between the parties or, at the very least, that the plaintiff should only bear the costs of the hearing. The court had to decide whether the liquidator's conduct had unnecessarily protracted the litigation, affecting the costs order. Specifically, the court considered whether the liquidator's delays in filing and serving affidavit evidence warranted a variation in the costs order. Additionally, the court needed to determine whether the liquidator's costs should be shared between the parties, particularly given that the winding-up order had been set aside.

The court examined the liquidator's conduct, finding that there were delays in filing and serving affidavit evidence, which contributed to the prolongation of the litigation. This factor was significant in considering whether the costs order should be varied. The court noted that the plaintiff had borne the costs of the winding-up application and the subsequent application to set it aside, and that the liquidator's delays had added to the overall costs. Given these findings, the court concluded that the liquidator's conduct had indeed unnecessarily protracted the litigation to some extent. As a result, the court found it appropriate to vary the costs order to reflect these circumstances.

In light of the above, the court varied the costs order, directing that the liquidator's costs should be borne equally by the parties. This decision recognised the impact of the liquidator's delays on the overall litigation costs and sought to balance the financial burden between the parties. The court's reasoning was grounded in the need to fairly allocate costs in light of the procedural delays and the outcome of setting aside the winding-up order.