The Application of Jan L. Brodie (Judge of the Circuit Court of Fairfax County, Commonwealth of Virginia, United States of America) v. ex parte Laura E. Dunlop [2013] NSWSC 829

The Application of Jan L. Brodie (Judge of the Circuit Court of Fairfax County, Commonwealth of Virginia, United States of America) v. ex parte Laura E. Dunlop [2013] NSWSC 829

Laura Dunlop was the true moving party seeking the benefit of the Hague Convention request and the subpoenas, and the request contemplated that the plaintiff in the Virginia proceedings would bear reimbursable fees and costs. It would not be just for the subpoena recipients to bear the costs where Laura Dunlop engaged the Art. 9 procedure and sought to take the benefit of the litigation. The applicants proved reasonable compliance costs, the parties had attempted but failed to agree on them, and lack of assets in the jurisdiction was not a bar to entry of judgment. Judgment was therefore entered against Laura Dunlop for $9,000.

Jurisdiction
Australia
Judgment Date
25 June 2013
Procedural Posture
Application Under the Evidence on Commission Act 1995 in Aid of United States Proceedings; Motion by Subpoena Recipients for Reimbursement of Compliance Expenses / Determination of Motion for Costs and Expenses of Compliance With Three Subpoenas
Outcome
Judgment for the applicants against Laura Dunlop in the amount of $9,000, with liberty to restore the proceedings.
Legal Topics
['subpoenas' 'evidence on Commission' 'hague Convention Letters of Request' 'non Party Costs Orders' 'costs of Compliance With Subpoenas' 'enforcement of Judgment']
['procedure' 'costs' 'evidence' 'international Judicial Assistance'] ['subpoenas' 'evidence on Commission' 'hague Convention Letters of Request' 'non Party Costs Orders' 'costs of Compliance With Subpoenas' 'enforcement of Judgment']

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Procedural Posture

Application Under the Evidence on Commission Act 1995 in Aid of United States Proceedings; Motion by Subpoena Recipients for Reimbursement of Compliance Expenses / Determination of Motion for Costs and Expenses of Compliance With Three Subpoenas

Legal Issues

  1. 1 ['Whether judgment for subpoena compliance costs could be entered against Laura Dunlop although she was not the plaintiff in the New South Wales proceedings' 'Whether the costs of complying with the subpoenas were sufficiently ascertained to permit judgment' 'Whether absence of assets in the jurisdiction was an obstacle to entry of judgment']

Ratio Decidendi

Laura Dunlop was the true moving party seeking the benefit of the Hague Convention request and the subpoenas, and the request contemplated that the plaintiff in the Virginia proceedings would bear reimbursable fees and costs. It would not be just for the subpoena recipients to bear the costs where Laura Dunlop engaged the Art. 9 procedure and sought to take the benefit of the litigation. The applicants proved reasonable compliance costs, the parties had attempted but failed to agree on them, and lack of assets in the jurisdiction was not a bar to entry of judgment. Judgment was therefore entered against Laura Dunlop for $9,000.

Court Disposition

Judgment for the applicants against Laura Dunlop in the amount of $9,000, with liberty to restore the proceedings.

Orders

  • ['Judgment for the applicants on the motion of 30 May 2013, Stuart Critchley Dunlop, Andrew Critchley Dunlop and Vardun Pty Limited, against Laura Dunlop in the amount of $9,000.' "Grant liberty to restore the proceedings to my list on one week's notice."]