Section 103: Preliminary costs

103. Preliminary costs (1) Where a person, other than a company or a liquidator, presents a petition under section 102 and a winding up order is made, that person shall, at his own cost, prosecute all proceedings in the winding up until a liquidator is appointed. (2) The liquidator shall, unless the Court otherwise directs, reimburse the petitioner out of the assets of the company the reasonable costs incurred by the petitioner under subsection (1). (3) Where the company has no assets or no sufficient assets, and in the opinion of the Director a fraud has been committed by any person in the promotion or formation of the company or by any officer in relation to the company since its formation, the taxed costs or so much of them as is not reimbursed may, with the Director’s written approval to an extent specified by the Director but not in any case exceeding such sum as may be prescribed, be reimbursed to the petitioner out of the Consolidated Fund. (4) Where a winding up order is made on the petition of a company or a liquidator, the costs incurred under subsection (1) shall, unless the Court otherwise directs, be paid out of the assets of the company as if they were the costs of any other petitioner. [Issue 9] I14 – 62 Revised Laws of Mauritius