The ordinary principle that costs followed the event in contested winding up proceedings where the petition was unsuccessful was subject to exceptions. Here, the company had launched the winding up proceedings in full knowledge of the facts which would be asserted by the company in its defence. It had adopted a high risk strategy. Applying Fernforest, no exceptional circumstances existed in this case.
Judges:
Blackburne
Citations:
Times 05-Jun-2003, Gazette 10-Jul-2003
Jurisdiction:
England and Wales
Citing:
Cited – In re Fernforest Ltd 1990
. .
Lists of cited by and citing cases may be incomplete.
Costs, Insolvency
Updated: 21 June 2022; Ref: scu.183356