Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2008 (NO 3) (NO 50 OF 2008) - REG 5

in division 2.17.2, insert

1740     Costs—fixed costs for winding-up application

    (1)     This rule applies to an application to wind up a company under schedule 6, part 6.5 (Winding-up proceedings (including oppression proceedings where winding-up is sought)) if—

        (a)     the court orders the company to be wound up; or

        (b)     the applicant discontinues the application on a condition that the company pay an amount to the applicant.

    (2)     The applicant's costs and disbursements (plus any filing and service fees actually paid) must be allowed without assessment if the costs and disbursements claimed (other than any filing and service fees actually paid) are not more than the costs amount applying, from time to time, under schedule 3, part 3.3 (Company winding-up).

    (3)     The costs allowed under subrule (2) are inclusive of any GST payable in relation to the work.

    (4)     However, the costs payable to a party are reduced by the amount of any input tax credit for GST to which the party is entitled in relation to the party's costs.

    (5)     The applicant's costs and disbursements must be agreed or assessed if the costs and disbursements claimed (other than any filing and service fees actually paid) are more than the costs amount applying, from time to time, under schedule 3, part 3.3 (Company winding-up).

Note     See r 1702 (Costs—agreement about costs).