Sader v Elgammal [2023] NSWLEC 1064

Sader v Elgammal [2023] NSWLEC 1064

The withdrawal of the subpoenas by the Applicants amounted to a capitulation; as the First Respondent had expended resources in bringing and arguing the motion to set aside, it was appropriate he be awarded his costs of the motion.

Jurisdiction
Australia
Judgment Date
09 February 2023
Procedural Posture
Class 4 / Costs Application Following Withdrawal of Subpoenas
Outcome
Costs of the motion awarded to Mr Elgammal (First Respondent).
Legal Topics
['subpoenas' 'costs' 'abuse of Process']
['civil Procedure'] ['subpoenas' 'costs' 'abuse of Process']

Case Brief

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Procedural Posture

Class 4 / Costs Application Following Withdrawal of Subpoenas

Legal Issues

  1. 1 ['Whether the First Respondent is entitled to costs of his motion to set aside subpoenas after the Applicants withdrew the subpoenas' 'Whether the withdrawal of the subpoenas constituted a capitulation and potential abuse of process']

Ratio Decidendi

The withdrawal of the subpoenas by the Applicants amounted to a capitulation; as the First Respondent had expended resources in bringing and arguing the motion to set aside, it was appropriate he be awarded his costs of the motion.

Court Disposition

Costs of the motion awarded to Mr Elgammal (First Respondent).

Orders

  • ['Mr Elgammal is awarded costs of his motion filed on 21 November 2022 as agreed or assessed and payable within 28 days of these orders.']