Fuelxpress Ltd v L.M. Ericsson Pty Ltd [1987] FCA 443

Fuelxpress Ltd v L.M. Ericsson Pty Ltd [1987] FCA 443

Legal costs reasonably incurred by a third party in complying with a subpoena, including legal advice in relation to confidentiality or privilege claims, are recoverable as 'expense or loss' under Order 27 Rule 4A of the Federal Court Rules, and should be taxed on a solicitor and client basis.

Parties
Applicant/cross Respondent: Fuelxpress Limited; Respondent/cross Claimant: L.M. Ericsson Pty. Limited; Non Party (subpoenaed): DMR & Associates Aust. Pty. Limited
Jurisdiction
Australia
Judgment Date
17 July 1987
Procedural Posture
Notice of Motion in General Division Proceedings / Interlocutory (order Following Subpoena Compliance)
Outcome
Application granted as to entitlement to compensation; quantum to be fixed by taxing officer.
Legal Topics
Subpoenas, Legal Costs, Taxation of Costs, Compensation for Compliance With Subpoena
Civil Procedure Subpoenas Legal Costs Taxation of Costs Compensation for Compliance With Subpoena

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Fuelxpress Limited

Applicant/cross Respondent

L.M. Ericsson Pty. Limited

Respondent/cross Claimant

DMR & Associates Aust. Pty. Limited

Non Party (subpoenaed)

Procedural Posture

Notice of Motion in General Division Proceedings / Interlocutory (order Following Subpoena Compliance)

Legal Issues

  1. 1 Whether legal costs incurred in complying with a subpoena are recoverable under Order 27 Rule 4A of the Federal Court Rules
  2. 2 Whether such costs should be taxed on a solicitor and client basis

Ratio Decidendi

Legal costs reasonably incurred by a third party in complying with a subpoena, including legal advice in relation to confidentiality or privilege claims, are recoverable as 'expense or loss' under Order 27 Rule 4A of the Federal Court Rules, and should be taxed on a solicitor and client basis.

Court Disposition

Application granted as to entitlement to compensation; quantum to be fixed by taxing officer.

Orders

  • Respondent L.M. Ericsson Pty. Limited to pay to DMR & Associates Aust. Pty. Limited an amount sufficient to compensate it for the expense or loss reasonably incurred in complying with the subpoena, to be fixed by the Court's taxing officer.
  • Amount so certified by the taxing officer to be paid by the respondent within 21 days after certificate of taxation issues.