Australian Competition & Consumer Commission v Liquorland (Australia) Pty Limited [2005] FCA 266

Australian Competition & Consumer Commission v Liquorland (Australia) Pty Limited [2005] FCA 266

Each party is to pay its own costs of the motion to set aside the subpoena, as the issue could have been resolved earlier and the lateness of attendance by the subpoenaed party accounted for the requirement for the notice of motion.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Liquorland (Australia) Pty Limited; Second Respondent: Woolworth Ltd
Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Civil / Interlocutory Motion (to Set Aside Subpoena)
Outcome
each party to pay its own costs
Legal Topics
Subpoena, Costs, Oppression, Irrelevance
Civil Procedure Subpoena Costs Oppression Irrelevance

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 1 Party arguments 1
Sign in to unlock

Parties

Australian Competition and Consumer Commission

Applicant

Liquorland (Australia) Pty Limited

First Respondent

Woolworth Ltd

Second Respondent

Procedural Posture

Civil / Interlocutory Motion (to Set Aside Subpoena)

Legal Issues

  1. 1 Whether the subpoena served on Bo-Jean Pty Ltd should be set aside on grounds of oppression and irrelevance
  2. 2 Which party should bear the costs of the notice of motion to set aside the subpoena

Ratio Decidendi

Each party is to pay its own costs of the motion to set aside the subpoena, as the issue could have been resolved earlier and the lateness of attendance by the subpoenaed party accounted for the requirement for the notice of motion.

Court Disposition

each party to pay its own costs

Orders

  • Each party pay their own costs of the motion to set aside the subpoena to the Proper Officer of Bo-Jean Pty Ltd.