Boscaini Investments Pty Ltd v The Corporation of the City of Norwood, Payneham & St Peters [2005] FCA 707

Boscaini Investments Pty Ltd v The Corporation of the City of Norwood, Payneham & St Peters [2005] FCA 707

Tohspil Pty Ltd and Kelly & Co, being only partly successful in opposing the notice of motion for subpoenas, are entitled to 40 per cent of their costs for that motion, full reasonable costs of complying with the subpoenas, and two-thirds of their costs of this costs application, as a fair exercise of judicial discretion.

Jurisdiction
Australia
Judgment Date
23 May 2005
Procedural Posture
Practice and Procedure—costs Application / Cost Applications Following Notice of Motion and Compliance With Subpoena
Outcome
Costs orders granted as set out in judgment; apportionment according to partial success.
Legal Topics
['costs' 'subpoenas' 'non Party Discovery']
['civil Procedure'] ['costs' 'subpoenas' 'non Party Discovery']

Case Brief

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Procedural Posture

Practice and Procedure—costs Application / Cost Applications Following Notice of Motion and Compliance With Subpoena

Legal Issues

  1. 1 ['Entitlement to costs of complying with subpoena' 'Allocation of costs for notice of motion where success is partial' 'Reasonableness and quantification of claimed costs']

Ratio Decidendi

Tohspil Pty Ltd and Kelly & Co, being only partly successful in opposing the notice of motion for subpoenas, are entitled to 40 per cent of their costs for that motion, full reasonable costs of complying with the subpoenas, and two-thirds of their costs of this costs application, as a fair exercise of judicial discretion.

Court Disposition

Costs orders granted as set out in judgment; apportionment according to partial success.

Orders

  • ['Applicants to pay the reasonable expenses incurred by Tohspil Pty Ltd and Kelly & Co in complying with the subpoena.' "Reasonable expenses to be fixed in accordance with the Court's usual procedure in relation to costs." "Applicants to pay 40 per cent of Tohspil Pty Ltd and Kelly & Co's costs of and incidental to...