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Lump Sum Taxations
on Unopposed Windings Up of Companies
1. Where a winding up order for a company has
been made the plaintiff or a supporting creditor may seek to have the amount of
its costs and disbursements fixed in one of the following three ways:
A. By the Master making the winding up order at the time of the making of that order.
B. By
a lump sum taxation in the manner set out in paragraph 3 below.
C. In the ordinary way by lodging a bill in the
usual form for taxation.
2. Under paragraph 1A. and 1B. the total of
the costs and disbursements will be fixed at the following amounts without the
need to present any details of the costs or disbursements to the Court:
(1) Plaintiff's
costs where the plaintiff is not the company being wound up and that company
was incorporated in South Australia - $2,800.
(2) Plaintiff's
costs where the plaintiff company is not the company being wound up and that
company was not incorporated in South Australia - $3,050.
(3) Plaintiff's
costs where the plaintiff is the company being wound up - $2,550.
(4) Plaintiff's
costs where the plaintiff is not the company being wound up and that company
was incorporated in South Australia and the plaintiff has an order for the
costs of the appointment of a provisional liquidator - $3,600 (which includes
all of the costs relating to the appointment of the provisional liquidator).
(5) Plaintiff's
costs where the plaintiff is not the company being wound up and that company
was not incorporated in South Australia and the plaintiff has an order
for the costs of the appointment of a provisional liquidator - $3,850 (which
includes all of the costs relating to the appointment of the provisional
liquidator).
(6) Plaintiff's
costs where the plaintiff is the company being wound up and the plaintiff has
an order for the costs of the appointment of a provisional liquidator - $3,200
(which includes all of the costs relating to the appointment of the provisional
liquidator).
(7) Supporting creditor awarded costs - $600. (Where one set of costs is awarded to more
than one supporting creditor there is to be no increase in this item) THE AMOUNT OF THE COSTS IN THIS ITEM IS TO
INCLUDE ALL DISBURSEMENTS EXCEPT TAXING FEES.
3. To obtain a taxation for a lump sum under
paragraph 1B. the party should lodge a bill in the Registry in the following
form:
"Action
heading
BILL
OF COSTS OF THE PLAINTIFF FOR TAXATION PURSUANT TO THE ORDER OF MASTER [name]
MADE ON 20 .
|
Lump sum costs
and disbursements claimed pursuant to Practice Direction |
$1,150 |
|
Add Taxing Fee |
|
|
Allowed at |
|
|
Allocatur |
|
The
bill of costs of the plaintiff (or as the case may be) has been taxed pursuant
to the order made herein on
20 and has been allowed at $ .
DATED
20 .
……..…...................
Registrar
THIS BILL OF COSTS is lodged by solicitors for
the ,
whose address for service
is ,
Phone "
4. The percentage increase allowed on the
Schedule to the Supreme Court Rules 1987 will not apply to the lump sum amounts
in this Practice Direction.
5. Where a party seeks that costs be fixed
under paragraphs 1A. or 1B. above, the Court will always retain a discretion to
require that the costs be fixed by taxation under paragraph 1C. where the
circumstances so require. Where the
costs have been fixed under paragraphs 1A. or 1B. the Court may permit a
liquidator or other interested party to seek to have the order or allocatur
fixing such costs set aside and to have the costs taxed under paragraph 1C.
where it appears that the costs fixed may have been excessive.
DATED the 4th day of December, 1995.
(David
Royle)
REGISTRAR
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