J Aron Corporation v Newmont Yandal Operations [2004] NSWSC 996

A non-party recipient of a subpoena is entitled to compensation for reasonable expenses and loss incurred in consequence of service of the subpoena, calculated on the basis of actual time spent at appropriate charge-out rates and associated disbursements, including relevant legal costs, regardless of whether compliance with the entire subpoena was subsequently waived.

Parties: First Plaintiff/respondent: J Aron Corporation; Second Plaintiff: Goldman Sachs Group Inc; First Defendant: Newmont Yandal Operations Pty Ltd (Administration Appointed); Second Defendant: Mark Anthony Korda in his capacity as Administrator of Newmont Yandal Operations Pty Ltd; Third Defendant: Mark Francis Xavier Mentha in his capacity as Administrator of Newmont Yandal Operations Pty Ltd; Fourth Defendant: Clynton Court Pty Ltd (subject to a Deed of Company Arrangement); Fifth Defendant: Australian Metals Corporations Pty Ltd; Sixth Defendant: Eagle Mining Pty Ltd; Seventh Defendant: Great Central Holdings Pty Ltd; Eighth Defendant: Great Central Investments Pty Ltd; Ninth Defendant: Great Central Mines Pty Ltd; Tenth Defendant: Hunter Resources Pty Ltd; Eleventh Defendant: Matlock Castellano Pty Ltd; Twelfth Defendant: Matlock Mining Pty Ltd; Thirteenth Defendant: Newmont Wiluna Gold Pty Ltd; Fourteenth Defendant: Newmont Wiluna Metals Pty Ltd; Fifteenth Defendant: Newmont Wiluna Mines Pty Ltd; Sixteenth Defendant: Quotidian No 117 Pty Ltd; Non Party Applicant: AMC Consultants Pty Limited
Jurisdiction: Australia
Judgment Date: 25 October 2004
Procedural Posture: Application in Ongoing Proceedings / Interlocutory (costs of Compliance With Subpoena)
Outcome: Payment to recipient of subpoena ordered.
Legal Topics: Subpoenas, Recovery of Expenses, Non Party Costs, Compliance With Subpoenas

Practice and Procedure Equity Subpoenas Recovery of Expenses Non Party Costs Compliance With Subpoenas

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Parties

J Aron Corporation

First Plaintiff/respondent

Goldman Sachs Group Inc

Second Plaintiff

Newmont Yandal Operations Pty Ltd (Administration Appointed)

First Defendant

Mark Anthony Korda in his capacity as Administrator of Newmont Yandal Operations Pty Ltd

Second Defendant

Mark Francis Xavier Mentha in his capacity as Administrator of Newmont Yandal Operations Pty Ltd

Third Defendant

Clynton Court Pty Ltd (subject to a Deed of Company Arrangement)

Fourth Defendant

Australian Metals Corporations Pty Ltd

Fifth Defendant

Eagle Mining Pty Ltd

Sixth Defendant

Great Central Holdings Pty Ltd

Seventh Defendant

Great Central Investments Pty Ltd

Eighth Defendant

Great Central Mines Pty Ltd

Ninth Defendant

Hunter Resources Pty Ltd

Tenth Defendant

Matlock Castellano Pty Ltd

Eleventh Defendant

Matlock Mining Pty Ltd

Twelfth Defendant

Newmont Wiluna Gold Pty Ltd

Thirteenth Defendant

Newmont Wiluna Metals Pty Ltd

Fourteenth Defendant

Newmont Wiluna Mines Pty Ltd

Fifteenth Defendant

Quotidian No 117 Pty Ltd

Sixteenth Defendant

AMC Consultants Pty Limited

Non Party Applicant

Procedural Posture

Application in Ongoing Proceedings / Interlocutory (costs of Compliance With Subpoena)

Legal Issues

1 Whether the recipient of a subpoena duces tecum (a non-party) is entitled to payment for its expense and loss in complying, and if so, the manner of calculation of the amount to be paid.

Ratio Decidendi

Court Disposition

Payment to recipient of subpoena ordered.

Orders

The Respondent to pay the Applicant the sum of $14,572.20 as the costs to date of compliance with the subpoena dated 14 October 2003.
The Respondent to pay the Applicant's costs of the application.