Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1216

Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1216

The costs incurred by third parties for attendance during the hearing to protect confidential information are not expenses reasonably incurred in complying with subpoenas under Order 27 rule 4A; compliance is complete upon production and related reasonable preparatory acts.

Jurisdiction
Australia
Judgment Date
04 November 1997
Procedural Posture
Civil / Interlocutory Application Concerning Costs of Compliance With Subpoenas
Outcome
Application for order fixing or determining costs of third party attendance during hearing declined
Legal Topics
['subpoena Compliance' 'costs Orders' 'confidential Information in Evidence']
['civil Procedure'] ['subpoena Compliance' 'costs Orders' 'confidential Information in Evidence']

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Procedural Posture

Civil / Interlocutory Application Concerning Costs of Compliance With Subpoenas

Legal Issues

  1. 1 ['Whether costs of third-party attendance during evidence to protect confidential information are recoverable as expenses of compliance with subpoenas under Order 27 rule 4A of the Federal Court Rules']

Ratio Decidendi

The costs incurred by third parties for attendance during the hearing to protect confidential information are not expenses reasonably incurred in complying with subpoenas under Order 27 rule 4A; compliance is complete upon production and related reasonable preparatory acts.

Court Disposition

Application for order fixing or determining costs of third party attendance during hearing declined

Orders

  • ['Application declined; no order made as to anticipatory costs for attendance during evidence.']