Stimpson v Allied Rural Pty Ltd (subject to deed of company arrangement)

Stimpson brought an application against Allied Rural, which was in voluntary administration, and two non-party creditors, seeking variation of a remuneration determination. The court had to determine whether the administrator's costs of the application should be costs in the voluntary administration and be assessed on the indemnity basis. The court also needed to decide if additional costs were incurred by the appearance of the two non-party creditors, and if so, whether either non-party should be ordered to pay costs against the applicant.

The court held that the administrator's costs of the application should be costs in the voluntary administration to be assessed on the indemnity basis. The court found that the appearance of the two non-party creditors did not incur additional costs, and therefore, neither non-party should be ordered to pay costs against the applicant. The court ordered that the first respondent, Allied Rural, pay the applicant’s costs of the application filed on 30 July 2021 to be assessed on the indemnity basis, and that the applicant’s costs of the application be costs in the voluntary administration of the first respondent and be paid out of the assets of the first respondent.

The final orders of the court were that the first respondent, Allied Rural, pay the applicant’s costs of the application filed on 30 July 2021 to be assessed on the indemnity basis. Furthermore, the applicant’s costs of the application were to be costs in the voluntary administration of the first respondent and were to be paid out of the assets of the first respondent.