Professional fee claim in liquidation not maintainable where no legal basis existed to treat the balance as winding-up costs.

A claim for unpaid professional fees against a company in liquidation was held not maintainable because the application was brought long after liquidation and no provision was shown to sustain it in the pending company matter. The fee arrangement envisaged payment in two stages, part payment had already been made, and liquidation did not create any basis to compel payment of the balance. The argument that the unpaid amount should be treated as costs in the winding-up proceedings was also rejected in the absence of supporting legal provision, so no relief for the balance fees could be granted.

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Issues: Whether the applicant was entitled to recover the claimed balance professional from the company in liquidation, including whether the claim could be treated as costs in the winding-up proceedings.

Analysis: The application was filed long after the company had gone into liquidation and after a substantial lapse of time from the institution of the company petition. No provision was shown under which such an application could be maintained in the pending company matter. On merits, the fee arrangement contemplated payment in two stages, part payment had already been made, and after liquidation there was no basis for directing payment of the remaining amount. The contention that the amount should be treated as costs in the winding-up petition was also not accepted in the absence of any supporting provision.

Conclusion: The claim was not maintainable and no relief for payment of the balance professional fees could be granted; the application was dismissed.

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