Kostov v YPOL Pty Ltd [2017] NSWSC 262

Kostov v YPOL Pty Ltd [2017] NSWSC 262

Because the plaintiff admitted making all communications on which the first defendant would rely for the contempt allegation, including the communications for which the Telstra subpoena was sought, counsel for the first defendant conceded that the subpoena was no longer necessary; the Notice of Motion was therefore dismissed and costs were reserved for the trial judge.

Jurisdiction
Australia
Judgment Date
16 March 2017
Procedural Posture
Contempt Proceedings; Notice of Motion for Leave to File and Serve a Subpoena to Produce Documents / Interlocutory Motion Heard on 16 March 2017
Outcome
Notice of Motion dismissed; costs reserved; hearing date confirmed.
Legal Topics
['leave to Issue Subpoena' 'production of Telephone Records' 'admissions by Alleged Contemnor' 'costs Reserved']
['contempt' 'civil Procedure'] ['leave to Issue Subpoena' 'production of Telephone Records' 'admissions by Alleged Contemnor' 'costs Reserved']

Case Brief

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Procedural Posture

Contempt Proceedings; Notice of Motion for Leave to File and Serve a Subpoena to Produce Documents / Interlocutory Motion Heard on 16 March 2017

Legal Issues

  1. 1 ['Whether the first defendant should be granted leave to file and serve a subpoena to produce documents upon Telstra Corporation Limited for telephone records said to prove contempt.' "Whether the plaintiff's admissions made the proposed subpoena unnecessary." 'Whether costs of the motion should be determined immediately or reserved for the trial judge.']

Ratio Decidendi

Because the plaintiff admitted making all communications on which the first defendant would rely for the contempt allegation, including the communications for which the Telstra subpoena was sought, counsel for the first defendant conceded that the subpoena was no longer necessary; the Notice of Motion was therefore dismissed and costs were reserved for the trial judge.

Court Disposition

Notice of Motion dismissed; costs reserved; hearing date confirmed.

Orders

  • ['The Notice of Motion filed by the first defendant on 10 March 2017 is dismissed.' 'The question of costs of the motion is reserved for determination by the trial judge.' 'I confirm the hearing date of 27 March 2017.']