Companies Act 2014 section 846

Costs and expenses of application

Section 846 deals with who bears the costs and expenses when a court makes a disqualification or restriction order against a director following an application to the court.

• The court may order the disqualified or restricted person to pay the costs of the application itself.
• Where the application is brought by the Corporate Enforcement Authority, the Director of Public Prosecutions, a liquidator, a receiver or an examiner, the court may also order the person to pay all or part of the applicant's investigation and evidence-gathering costs.
• Recoverable costs include the applicant's own remuneration and expenses to the extent these relate to the investigation and evidence collection.
• The court retains discretion over the extent of costs awarded, and may specify only a portion of investigation and evidence costs rather than the full amount.