Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 67

Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 67

O27 r4A is not confined to search, collation or copying costs and may extend to legal costs reasonably incurred by a non-party in complying with subpoenas. Legal costs incurred in checking that ordered confidentiality undertakings were properly given were, if reasonable, expenses incurred in complying with the subpoenas. Costs of East Coast's unsuccessful motion to set aside the subpoenas were not recoverable under O27 r4A.

Jurisdiction
Australia
Judgment Date
04 April 1996
Procedural Posture
Motion by Non Party Subpoena Recipient for Compensation for Expense or Loss in Complying With Subpoenas Under O27 R4 a / Reasons for Judgment and Orders on Motion
Outcome
Motion allowed in part; Mr Hadid ordered to compensate East Coast for reasonable expense or loss incurred in complying with the subpoenas, excluding costs of East Coast's motion to set aside the subpoenas.
Legal Topics
['subpoenas to Produce Documents' 'non Party Expenses and Losses' 'legal Costs of Compliance' 'confidentiality Undertakings' 'taxation of Costs']
['civil Procedure' 'costs'] ['subpoenas to Produce Documents' 'non Party Expenses and Losses' 'legal Costs of Compliance' 'confidentiality Undertakings' 'taxation of Costs']

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Procedural Posture

Motion by Non Party Subpoena Recipient for Compensation for Expense or Loss in Complying With Subpoenas Under O27 R4 a / Reasons for Judgment and Orders on Motion

Legal Issues

  1. 1 ['Whether O27 r4A empowers the Court to order reimbursement to a non-party subpoena recipient for expenses or losses that include amounts incurred for legal services.' "Whether reimbursement should exclude legal costs arising out of or incidental to East Coast's unsuccessful notice of motion to set aside the subpoenas." 'Whether reimbursement may include legal costs incurred in ensuring compliance with confidentiality undertakings after production of documents to the Court.']

Ratio Decidendi

O27 r4A is not confined to search, collation or copying costs and may extend to legal costs reasonably incurred by a non-party in complying with subpoenas. Legal costs incurred in checking that ordered confidentiality undertakings were properly given were, if reasonable, expenses incurred in complying with the subpoenas. Costs of East Coast's unsuccessful motion to set aside the subpoenas were not recoverable under O27 r4A.

Court Disposition

Motion allowed in part; Mr Hadid ordered to compensate East Coast for reasonable expense or loss incurred in complying with the subpoenas, excluding costs of East Coast's motion to set aside the subpoenas.

Orders

  • ["The applicant, Albert Hadid, is to pay to East Coast an amount sufficient to compensate it for the expense or loss which it reasonably incurred or lost in complying with subpoenas issued on 19 September 1995, 28 September 1995 and 13 October 1995 on behalf of Mr Hadid and served on East Coast, with the amount to...