Larkden Pty Ltd v Lloyd Energy Systems Pty Ltd  NSWSC 1567 dealt with the question of whether a costs order made after a company entered into administration was caught by a deed of company arrangment (DOCA) so as to bind creditors.
The court held that only the making of a costs order itself can constitute the 'circumstances giving rise to the claim' to bind creditors and therefore the costs award was not caught by the DOCA. He also held that a costs order is not a contingent claim which exists prior to the making of the order itself.
This decision is important because it provides a test of general application for what constitutes the 'circumstances giving rise to the claim' and hence when a claim will be caught by a DOCA or provable in a liquidation. It is also authority for the proposition that a costs order made after a company enters into administration will not be caught by a DOCA or provable in a liquidation.