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11/19/2019

START DATE

END DATE

12/13/2019

In the Matter of Full Apex (Holdings) Limited.

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Hon. Assistant Justice Duncan

COMPANIES (WINDING UP)

Benjamin McCosker

Rhys Williams

FACTS OF THE CASE:

Relevant to winding-up petition abuse and cost agreements. Petitioner sought costs against the Company for winding-up petition presented on 8 February 2018. Issue over entitlement to costs beyond contractual agreement with Chairman to pay.

SUMMARY:

Entitlement to costs beyond the contractual agreement with the Chairman to pay.

OUTCOMES:

Judgment in relation to costs. Outcome favors petitioner entitled to costs, including indemnity basis costs. Cited Re Nowmost Co. Ltd [1996] 2 BCLC 492.

RULED IN FAVOUR OF:

Petitioner

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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In the Matter of Full Apex (Holdings) Limited.

Relevant to winding-up petition abuse and cost agreements. Petitioner sought costs against the Company for winding-up petition presented on 8 February 2018. Issue over entitlement to costs beyond contractual agreement with Chairman to pay.

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