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Published by Andrew Lacey
Dec 9, 2019 in Insolvency

Winner takes all – what priority is afforded to a cost order made against a company in liquidation after the commencement of the winding up?

Generally, once a company enters into liquidation, litigation against that company cannot be commenced or be continued without the leave of the Court (Corporations Act 2001, s 471B). However, occasionally a liquidator may cause a company to commence or defend litigation after the commencement of the winding up. What happens if the company in liquidation is unsuccessful in that litigation and is subject to an adverse cost order? How will such an...
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