Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1275

Titan Enterprises (Qld) Pty Ltd v Cross [2016] FCA 1275

The amount required to compensate Davies Collison Cave for reasonable costs and expenses in complying with the subpoena does not include legal costs of and incidental to the unsuccessful privilege application but does include reasonable legal costs of and incidental to the hearing and determination of the costs application; there is no order as to costs in respect of the hearing and determination of the privilege application.

Parties
First Applicant: Titan Enterprises (Qld) Pty Ltd; Second Applicant: Rigel Constructions Pty Ltd; Third Applicant: Rigel Erectors Pty Ltd; First Respondent: Dale Cross; Second Respondent: Adam Clifford Harmon; Non Party / Subpoena Recipient: Davies Collison Cave (Proper Officer)
Jurisdiction
Australia
Judgment Date
31 October 2016
Procedural Posture
Application for Costs Order Relating to Subpoena Compliance and Privilege Claim / Post Judgment (costs Hearing and Determination)
Outcome
Declaration of costs that can and cannot be included; no order as to costs for privilege application
Legal Topics
Costs, Subpoenas, Privilege, Trade Marks
Practice and Procedure Intellectual Property Costs Subpoenas Privilege Trade Marks

Case Brief

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Parties

Titan Enterprises (Qld) Pty Ltd

First Applicant

Rigel Constructions Pty Ltd

Second Applicant

Rigel Erectors Pty Ltd

Third Applicant

Dale Cross

First Respondent

Adam Clifford Harmon

Second Respondent

Davies Collison Cave (Proper Officer)

Non Party / Subpoena Recipient

Procedural Posture

Application for Costs Order Relating to Subpoena Compliance and Privilege Claim / Post Judgment (costs Hearing and Determination)

Legal Issues

  1. 1 Whether costs incurred by a non-party in complying with a subpoena include legal costs related to an unsuccessful privilege claim
  2. 2 Whether costs should follow the event when privilege claim fails
  3. 3 Definition of reasonable costs and expenses for subpoena compliance under Federal Court Rules 2011 r 24.22

Ratio Decidendi

The amount required to compensate Davies Collison Cave for reasonable costs and expenses in complying with the subpoena does not include legal costs of and incidental to the unsuccessful privilege application but does include reasonable legal costs of and incidental to the hearing and determination of the costs application; there is no order as to costs in respect of the hearing and determination of the privilege application.

Court Disposition

Declaration of costs that can and cannot be included; no order as to costs for privilege application

Orders

  • The compensation for reasonable costs and expenses incurred by Davies Collison Cave in complying with the Subpoena does not include legal costs of and incidental to the privilege application (heard 17 October and determined 19 October 2016) but does include reasonable legal costs of and incidental to the hearing on...
  • Save as declared, there be no order as to costs in respect of the hearing and determination of the privilege application.