Aesthetics Architecture Pty Limited v Camilleri & Ors No 2 [2007] NSWSC 1176

Aesthetics Architecture Pty Limited v Camilleri & Ors No 2 [2007] NSWSC 1176

On the facts, compliance with the Notice to Produce was properly considered a discrete issue, the plaintiff was entitled to recover its reasonable costs of compliance, and the amount should be fixed rather than assessed; privilege was not found to be waived.

Jurisdiction
Australia
Judgment Date
29 October 2007
Procedural Posture
Application for Costs Order / Post Interlocutory Application Determination
Outcome
Application granted for separate costs of compliance with Notice to Produce and costs of the application.
Legal Topics
['costs' 'notice to Produce' 'legal Professional Privilege']
['civil Procedure'] ['costs' 'notice to Produce' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Application for Costs Order / Post Interlocutory Application Determination

Legal Issues

  1. 1 ['Whether costs for compliance with a Notice to Produce should be separately assessed or treated as part of discovery costs' 'Whether privilege has been waived in relation to the documents sought' 'Whether the conduct of parties affects the costs order']

Ratio Decidendi

On the facts, compliance with the Notice to Produce was properly considered a discrete issue, the plaintiff was entitled to recover its reasonable costs of compliance, and the amount should be fixed rather than assessed; privilege was not found to be waived.

Court Disposition

Application granted for separate costs of compliance with Notice to Produce and costs of the application.

Orders

  • ['Second defendant to pay the plaintiff’s costs of complying with its Notice to Produce dated 2 July 2007.' 'Costs of compliance assessed at $4,906.' "Second defendant to pay the plaintiff's costs of this application."]