Author adminPosted on Categories civil litigation Leave a comment on Non party costs order against company director upheld on appeal A recent Court of Appeal decision has upheld the decision of a District Court judge to impose a costs order against the director of a company that had been placed into liquidation five days after the close of evidence of a trial.
At all material times Geoffrey Murphy was the sole director and ‘controlling mind’ of the defendant Collhart Investments Pty Ltd, formerly known as JM Kelly (Project Builders) Pty Ltd in civil proceedings in the District Court. The Plaintiff in that civil action was Mackay Labour Hire Pty Ltd, and it was suing for $288,242.54 for labour hire provided under various contracts. The defendant had also countersued for moneys it said had been paid to the plaintiff under a mistake of law.
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