Re Saad Investments Company Ltd and another (in liquidation); Akers and others v Hayley

Company – Liquidation. The Companies Court held that it had an unfettered discretion, under r 9.6(4) of the Insolvency Rules 1986, SI 1986/1925, to award legal costs to an examinee examined on the application of joint liquidators, under s 236 of the Insolvency Act 1986, as part of an inquiry into the dealings of two companies in liquidation. An order was made providing for the reasonable costs of the respondent's representation at the examination. However, given the narrow scope of r 9.6(4), no order was be made requiring the joint liquidators to pay the respondent's pre-application costs, save to the extent that they could be said to be of, and incidental to, the examination in the strictest sense.

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