Australian Securities & Investments Commission v Kyriackou [2008] FCA 1860

Where an action is discontinued, the court should not permit a trial solely to decide costs; accordingly, the notice to produce is set aside and ASIC is not required to comply.

Jurisdiction: Australia
Judgment Date: 09 December 2008
Procedural Posture: Civil / Interlocutory Application on Costs/discontinuance; Reasons for Judgment
Outcome: Notice to produce dated 20 October 2008 set aside. First and third to seventh defendants to pay ASIC's costs of the application.
Legal Topics: ['notice to Produce' 'discontinuance' 'costs' 'trial on Costs' 'discretion to Set Aside Notice']

['practice and Procedure'] ['notice to Produce' 'discontinuance' 'costs' 'trial on Costs' 'discretion to Set Aside Notice']

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Procedural Posture

Civil / Interlocutory Application on Costs/discontinuance; Reasons for Judgment

Legal Issues

1 ['Whether a party is entitled to conduct a trial solely for the purpose of achieving a favourable costs order after discontinuance; whether a notice to produce documents for a hypothetical trial on costs should be set aside.']

Ratio Decidendi

Where an action is discontinued, the court should not permit a trial solely to decide costs; accordingly, the notice to produce is set aside and ASIC is not required to comply.

Court Disposition

Notice to produce dated 20 October 2008 set aside. First and third to seventh defendants to pay ASIC's costs of the application.

Orders

['The notice to produce dated 20 October 2008 be set aside.' "The first and third to seventh defendants pay the plaintiff's costs of this application."]