Companies Act 2014 section 554

Costs and remuneration of examiners

Section 554 sets out how an examiner's fees, costs and expenses are to be paid, the priority those payments enjoy over other claims, and the expectation that the examiner will make use of the company's own staff and facilities.

• The court may order payment of an examiner's remuneration, costs and reasonable expenses, which are normally met from the company's business revenue or from the proceeds of selling its assets.
• Court-sanctioned examiner costs rank ahead of all other claims — whether secured or unsecured — in any compromise, scheme of arrangement, receivership or winding up, including the costs of the liquidation itself.
• Liabilities the company incurs during the examinership that are certified under section 529 must also be paid in full, ahead of floating-charge claims, but after any claim secured by a fixed charge, mortgage, lien or pledge.
• While the examiner may hire outside help, they must use the company's own staff and facilities as far as reasonably possible, and the court will pay particular attention to this when reviewing the examiner's costs.