DBCT Management Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd and Geosea Australia Pty Ltd Joint Venture (No 2) [2021] FCA 810

DBCT Management Pty Ltd v McConnell Dowell Constructors (Aust) Pty Ltd and Geosea Australia Pty Ltd Joint Venture (No 2) [2021] FCA 810

The applicants and the second respondent are ordered to pay the subpoenaed parties' costs of and incidental to the objection to inspection of the ICAM Report, on the usual party and party basis, as the circumstances do not warrant indemnity costs and the discrete privilege issue decided does not demonstrate sufficient grounds for departure from the ordinary rule.

Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Costs Application / Post Judgment; Determination of Costs
Outcome
Costs awarded in favour of subpoenaed parties (BMA and Ashurst) against the applicants and second respondent, on a party and party basis.
Legal Topics
['costs' 'subpoena Compliance' 'legal Professional Privilege']
['civil Procedure'] ['costs' 'subpoena Compliance' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Costs Application / Post Judgment; Determination of Costs

Legal Issues

  1. 1 ['Whether costs incurred by subpoenaed parties in advancing a privilege claim fall within reasonable costs of compliance with subpoenas under r 24.22 of the Federal Court Rules 2011 (Cth)' 'Should costs be awarded on an indemnity basis or the usual party and party basis']

Ratio Decidendi

The applicants and the second respondent are ordered to pay the subpoenaed parties' costs of and incidental to the objection to inspection of the ICAM Report, on the usual party and party basis, as the circumstances do not warrant indemnity costs and the discrete privilege issue decided does not demonstrate sufficient grounds for departure from the ordinary rule.

Court Disposition

Costs awarded in favour of subpoenaed parties (BMA and Ashurst) against the applicants and second respondent, on a party and party basis.

Orders

  • ["The objection of BM Alliance Coal Operations Pty Ltd (BMA) to uplift or inspection of the 'HPX3 ICAM Investigation Report' and attachments is upheld." 'The applicants and the second respondent pay BMA and Ashurst the costs of and incidental to the application before Abraham J, to be agreed or taxed.']