The High Court fixed the remuneration and outstanding legal costs of the liquidator of Swift Structures Limited and Euro-Plant Hire (Ireland) Limited at €21,800 plus VAT and €1,417.65 in solicitor’s outlays. The measurement covered work from April 2012 onwards and excluded the costs of the motion itself. It took account of €4,200 in legal fees already paid by the Revenue Commissioners.
Mr Justice Haughton ruled on 31 July 2017 that the court had jurisdiction to measure the liquidator’s remuneration, even though the companies had no assets and the Revenue Commissioners had agreed to fund the liquidations. He said the funding agreement and the public cost of the work were central considerations, while payment by the Revenue Commissioners remained a separate matter governed by the parties’ arrangements.
The court allowed €10,000 plus VAT for the liquidator’s work across both companies after March 2012. The judge found that a claim of about €13,000 plus VAT was excessive, citing the limited work remaining, overlapping work between the companies, inaccurate time recording and delay in pursuing director restriction applications. Those applications were uncontested, and both respondents were restricted in October 2015.
For legal costs, the court measured €15,000 plus VAT across the two liquidations, including counsel’s fees, and added €1,417.65 in outlays. After deducting €4,200 already paid, the outstanding legal costs were €11,800 plus VAT and outlays. The judge found that the solicitors’ charges had grown beyond what was reasonable for the work, and that adequate steps had not been taken to control them.
The liquidator had sought substantially higher sums and argued that the court should measure his remuneration and legal costs. The Revenue Commissioners opposed the application and argued that the claims were excessive and that the motion was unnecessary given their offers to settle. The court found it was unreasonable to bring the motion: before it was issued, the Revenue Commissioners had offered €25,000 plus VAT for remuneration and costs, and later increased their offer. The judge declined to award the liquidator any costs of the motion. He also made no order on the Revenue Commissioners’ costs.
The judgment did not divide the €21,800 measurement between the two companies. It said that, if a division were needed, the remuneration and legal costs would be split equally, with outlays allocated as €577 to Swift and €840.65 to Euro-Plant.