Giles Payne & Co v Penson [2016] NSWDC 72

Giles Payne & Co v Penson [2016] NSWDC 72

Clause (3) of the subpoena for production was set aside as the category of documents sought was irrelevant and extraneous to the determination of the appeal from the costs review panel, since the quantum of charges or whether services were provided cannot be agitated in this court on such an appeal. Costs follow the event and were ordered in favour of the respondents.

Parties
Applicant/respondent: Joseph John Gilles trading as Giles Payne & Co; Respondent/appellant: Shirley Penson
Jurisdiction
Australia
Judgment Date
18 March 2016
Procedural Posture
Notice of Motion in Appeal (civil) / Interlocutory Ruling on Subpoena and Costs
Outcome
Clause (3) of the schedule to the subpoena for production set aside; appellant to pay the respondents' costs of the motion; costs thrown away on 11 March 2016 to be respondents' costs in the notice of motion; matter stood over for directions on 13 May 2016.
Legal Topics
Subpoenas, Costs, Appeals, Procedural Fairness, Natural Justice
Civil Procedure Subpoenas Costs Appeals Procedural Fairness Natural Justice

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Parties

Joseph John Gilles trading as Giles Payne & Co

Applicant/respondent

Shirley Penson

Respondent/appellant

Procedural Posture

Notice of Motion in Appeal (civil) / Interlocutory Ruling on Subpoena and Costs

Legal Issues

  1. 1 Whether clause (3) of the schedule to the subpoena for production is relevant to the appeal
  2. 2 Whether costs of the motion should be awarded to the respondents

Ratio Decidendi

Clause (3) of the subpoena for production was set aside as the category of documents sought was irrelevant and extraneous to the determination of the appeal from the costs review panel, since the quantum of charges or whether services were provided cannot be agitated in this court on such an appeal. Costs follow the event and were ordered in favour of the respondents.

Court Disposition

Clause (3) of the schedule to the subpoena for production set aside; appellant to pay the respondents' costs of the motion; costs thrown away on 11 March 2016 to be respondents' costs in the notice of motion; matter stood over for directions on 13 May 2016.

Orders

  • Clause (3) to the schedule of the subpoena for production, sealed on 16 February 2016, issued at the request of the appellant and addressed to the first and second respondents in these proceedings set aside
  • Appellant to pay the respondents' costs of the motion