White Constructions ACT Pty Ltd (in liq) v White

In the case of White Constructions ACT Pty Ltd (in liq) v White, the dispute arose from the liquidation of a construction company and involved the assessment of indemnity costs incurred by the liquidator. The case was heard in the Supreme Court of the Australian Capital Territory. The liquidator sought to recover substantial indemnity costs, which the defendant argued were excessive and not justified by the nature of the proceedings.

The central legal issue before the court was whether the liquidator had demonstrated that the indemnity costs were necessitated by special or unusual features of the case. The court had to determine whether the defendant had provided sufficient evidence to show that the costs were not justified, and whether there were any principles that precluded the recovery of such costs.

The court found that the liquidator had satisfied the requirements for indemnity costs by demonstrating that the proceedings had special features that justified the costs. The court was satisfied that the costs were reasonable and necessary given the circumstances. The defendant had not successfully argued that the costs were excessive or unjustified on any principle of law. Consequently, the court ruled in favour of the liquidator, confirming that the indemnity costs were properly recoverable.

The court's decision confirmed the liquidator's entitlement to recover the indemnity costs as assessed. The defendant's appeal against the costs order was dismissed, and the liquidator was awarded the costs of the proceedings.