Irish Reel Productions Ltd v Capitol Films Ltd [2010] EWHC 180 (Ch), [2010] All ER (D) 111 (Feb)
Rule 2.12(1)(e) of the Insolvency Rules 1986 permitted a person who had presented a winding-up petition to appear at the hearing of an administration application to enable that person to seek an order for the costs of that petition, which would ordinarily be dismissed at the hearing of the administration application, if an administration order was made.
The phrase “the costs … of any person whose costs are allowed by the court” in r 2.12(3) comprehended not merely that person’s costs of appearing at the hearing of an administration application, but that person’s costs of any petition which was dismissed at the same time, where the court thought fit to make such an order. The remaining words of r 2.12(3) then automatically provided for such costs to be payable as an expense of the administration, and to fall within the words in r 2.67(1)(c), namely “the costs of …any person appearing on the hearing of the application…”.
