Hadid v Lenfest Communications Inc [2000] FCA 481

Hadid v Lenfest Communications Inc [2000] FCA 481

The applicant's financial position is relevant to the exercise of the discretion under FCR O 62 r 4(2)(c) to order costs on a gross sum basis, and therefore the applicant is required to comply with the notice to produce financial documents.

Jurisdiction
Australia
Judgment Date
14 April 2000
Procedural Posture
Notice of Motion in Civil Proceedings / Post Judgment; Application Concerning Notice to Produce Documents for Costs Determination
Outcome
Application to set aside the notice to produce refused; applicant ordered to comply with the notice to produce; applicant to pay sixth respondent's costs of the motion.
Legal Topics
['costs' 'notice to Produce' 'gross Sum Costs' 'relevance of Financial Position']
['civil Procedure'] ['costs' 'notice to Produce' 'gross Sum Costs' 'relevance of Financial Position']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion in Civil Proceedings / Post Judgment; Application Concerning Notice to Produce Documents for Costs Determination

Legal Issues

  1. 1 ['Whether applicant should be required to comply with a notice to produce financial documents for the purposes of determining a gross sum costs order under FCR O 62 r 4(2)(c)' "Whether applicant's financial position is relevant to the exercise of the Court's discretion when ordering gross sum costs" 'Consequences of failure by applicant to apply to set aside the notice to produce']

Ratio Decidendi

The applicant's financial position is relevant to the exercise of the discretion under FCR O 62 r 4(2)(c) to order costs on a gross sum basis, and therefore the applicant is required to comply with the notice to produce financial documents.

Court Disposition

Application to set aside the notice to produce refused; applicant ordered to comply with the notice to produce; applicant to pay sixth respondent's costs of the motion.

Orders

  • ['Applicant is ordered to comply with the notice to produce issued by the sixth respondent.' "Applicant is to pay the sixth respondent's costs of the present motion."]