Evans as Trustee of the Kamiyacho Superannuation Fund v BankWest [2007] FCA 506

Evans as Trustee of the Kamiyacho Superannuation Fund v BankWest [2007] FCA 506

Given the interlocutory applications sought, in part, access to a confidential affidavit (without which the merits of setting aside the broad production order could not be addressed), and without such determination it is not appropriate to determine costs in favour of the respondents; the general principle (where matters do not proceed to trial or lack exceptional circumstances) is that there be no order as to costs.

Jurisdiction
Australia
Judgment Date
05 April 2007
Procedural Posture
Application Regarding Costs in Corporate Examination Proceedings / Post Interlocutory Applications; Decision on Costs
Outcome
No order as to costs; application for costs by BankWest and Mr Trevor refused.
Legal Topics
['costs in Examinations' 'production of Documents' 'non Party Costs' 'corporations Act S 596 B']
['corporate Law' 'civil Procedure'] ['costs in Examinations' 'production of Documents' 'non Party Costs' 'corporations Act S 596 B']

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Procedural Posture

Application Regarding Costs in Corporate Examination Proceedings / Post Interlocutory Applications; Decision on Costs

Legal Issues

  1. 1 ['Whether costs should be awarded to non-party recipients of summons/orders for production in examination proceedings' 'Whether the scope of orders for document production was oppressive or excessive' 'Power of court to order costs for non-parties in examination summons context']

Ratio Decidendi

Given the interlocutory applications sought, in part, access to a confidential affidavit (without which the merits of setting aside the broad production order could not be addressed), and without such determination it is not appropriate to determine costs in favour of the respondents; the general principle (where matters do not proceed to trial or lack exceptional circumstances) is that there be no order as to costs.

Court Disposition

No order as to costs; application for costs by BankWest and Mr Trevor refused.

Orders

  • ['There be no order as to costs in respect of Mr Garry Trevor and the Bank of Western Australia Limited.']