Estate Pamplin; Irwin v Pamplin (No 2) [2021] NSWSC 871

Estate Pamplin; Irwin v Pamplin (No 2) [2021] NSWSC 871

The plaintiff was successful in obtaining examination orders on insufficient compliance with subpoenas and notice to produce. There was nothing at the examination to justify departing from the usual rule that costs follow the event. The defendant is ordered to pay the plaintiff’s costs limited to those referable to the orders sought against her.

Jurisdiction
Australia
Judgment Date
20 July 2021
Procedural Posture
Civil Equity / Interlocutory Costs Application Following Examination Order
Outcome
Plaintiff’s motion for costs successful; defendant to pay plaintiff's costs for the motion limited to orders sought against her.
Legal Topics
['costs' 'discovery' 'compliance With Subpoenas and Notices to Produce']
['equity' 'civil Procedure'] ['costs' 'discovery' 'compliance With Subpoenas and Notices to Produce']

Case Brief

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Procedural Posture

Civil Equity / Interlocutory Costs Application Following Examination Order

Legal Issues

  1. 1 ['Whether the plaintiff was entitled to costs given success in obtaining examination orders for insufficient compliance with notice to produce and subpoenas' 'Whether there was substance to technical objections regarding dates of filed documents' 'Whether the examination was justified or a misuse under Civil Procedure Act 2005 (NSW), s 68']

Ratio Decidendi

The plaintiff was successful in obtaining examination orders on insufficient compliance with subpoenas and notice to produce. There was nothing at the examination to justify departing from the usual rule that costs follow the event. The defendant is ordered to pay the plaintiff’s costs limited to those referable to the orders sought against her.

Court Disposition

Plaintiff’s motion for costs successful; defendant to pay plaintiff's costs for the motion limited to orders sought against her.

Orders

  • ["Order that the defendant pay the plaintiff's costs of the motion filed 16 November 2020 which are exclusively referable to the orders sought against her."]