Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 5) [2015] FCA 1483

Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 5) [2015] FCA 1483

It was reasonable and appropriate for RPC to issue the interlocutory application and supporting affidavit, so costs of those actions are payable by the applicant. No order as to costs is made for the period after the application and affidavit due to applicant concessions and lack of clear basis to prefer either party for those subsequent costs.

Parties
Applicant/cross Respondent: Basetec Services Pty Ltd; Respondent/cross Claimant: Leighton Contractors Pty Ltd; Intervener: RPC Technologies Pty Ltd
Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Interlocutory Application in Civil Proceedings / Costs Decision Following Determination of Application to Set Aside Subpoena
Outcome
Applicant ordered to pay specified costs of RPC Technologies Pty Ltd; otherwise, no order as to costs.
Legal Topics
Subpoenas, Costs Orders, Interlocutory Applications
Civil Procedure Subpoenas Costs Orders Interlocutory Applications

Case Brief

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Parties

Basetec Services Pty Ltd

Applicant/cross Respondent

Leighton Contractors Pty Ltd

Respondent/cross Claimant

RPC Technologies Pty Ltd

Intervener

Procedural Posture

Interlocutory Application in Civil Proceedings / Costs Decision Following Determination of Application to Set Aside Subpoena

Legal Issues

  1. 1 Who should bear the costs of an interlocutory application to set aside a subpoena

Ratio Decidendi

It was reasonable and appropriate for RPC to issue the interlocutory application and supporting affidavit, so costs of those actions are payable by the applicant. No order as to costs is made for the period after the application and affidavit due to applicant concessions and lack of clear basis to prefer either party for those subsequent costs.

Court Disposition

Applicant ordered to pay specified costs of RPC Technologies Pty Ltd; otherwise, no order as to costs.

Orders

  • The applicant pay the costs of RPC Technologies Pty Ltd of preparing and issuing the application to set aside the subpoena dated 26 November 2015 and of preparing the affidavit of Mr Peter Groch sworn on 26 November 2015, but that otherwise there be no order as to costs.