Real Estate and Business Agents Supervisory Board v Espanol Holdings Pty Ltd (in liq)

The dispute in this case was between the Real Estate and Business Agents Supervisory Board and Espanol Holdings Pty Ltd, a company in liquidation. The matter was heard in the Supreme Court of Western Australia. The Supervisory Board sought an order for costs under Order 59 Rule 9 of the Supreme Court Rules 1971, as a result of the liquidator's failure to engage in meaningful discussions about the costs. The liquidator argued that the costs were unreasonable and that the Board had not properly complied with the procedural requirements.

The legal issue before the court was whether the obligation to confer in good faith about the costs could be waived, and if so, under what circumstances. The court was also required to determine whether the obligation to confer was satisfied by the liquidator's limited engagement, and if not, whether the Supervisory Board was entitled to an order for costs under Order 59 Rule 9. The court had to consider the nature of the obligation to confer in good faith and how it applied to the specific circumstances of the case.

The court found that the obligation to confer in good faith could not be waived, and that the liquidator's limited engagement did not satisfy the requirement to confer in good faith. The court held that the Supervisory Board was entitled to an order for costs under Order 59 Rule 9, as the liquidator had not engaged in meaningful discussions about the costs. The court emphasised that the obligation to confer was not satisfied by mere token engagement, and that the Supervisory Board had a right to be heard on the issue of costs. The court also noted that the obligation to confer turned on the specific facts of the case, and that each case had to be assessed individually.

The final orders of the court were that the Supervisory Board was entitled to an order for costs under Order 59 Rule 9, and that the liquidator was to pay those costs within 14 days. The court also noted that the obligation to confer in good faith was an important aspect of the procedural requirements for costs, and that it was essential that parties engaged in meaningful discussions about costs in order to avoid unnecessary litigation.