CIMIC Group Limited v AIG Australia Limited (No 2) [2022] NSWSC 93

CIMIC Group Limited v AIG Australia Limited (No 2) [2022] NSWSC 93

The appropriate order is that the unsuccessful party in each motion should pay the successful party's costs; CIMIC was successful in resisting Mr Savage's application and in setting aside the AIG Subpoena, and ASIC's costs of compliance with the subpoena should be paid by CIMIC.

Parties
Plaintiff: CIMIC Group Limited; First Defendant: AIG Australia Limited; Applicant: David Savage; Subpoenaed Party: Commissioner of Police, Australian Federal Police; Subpoenaed Party: Australian Securities and Investments Commission
Jurisdiction
Australia
Judgment Date
11 February 2022
Procedural Posture
Commercial List Equity / Costs Determination After Interlocutory Motions
Outcome
Costs orders made
Legal Topics
Costs, Subpoena, Application to Set Aside Subpoena
Civil Procedure Costs Subpoena Application to Set Aside Subpoena

Case Brief

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Parties

CIMIC Group Limited

Plaintiff

AIG Australia Limited

First Defendant

David Savage

Applicant

Commissioner of Police, Australian Federal Police

Subpoenaed Party

Australian Securities and Investments Commission

Subpoenaed Party

Procedural Posture

Commercial List Equity / Costs Determination After Interlocutory Motions

Legal Issues

  1. 1 Who should bear the costs of two motions to set aside subpoenas?
  2. 2 Which party should pay the costs of compliance with a subpoena?

Ratio Decidendi

The appropriate order is that the unsuccessful party in each motion should pay the successful party's costs; CIMIC was successful in resisting Mr Savage's application and in setting aside the AIG Subpoena, and ASIC's costs of compliance with the subpoena should be paid by CIMIC.

Court Disposition

Costs orders made

Orders

  • David Savage to pay CIMIC's costs of and incidental to the notice of motion filed by Mr Savage on 8 July 2021 seeking to set aside the ASIC subpoena issued on 7 June 2021.
  • AIG Australia Limited to pay CIMIC's costs of and incidental to CIMIC's notice of motion filed 30 July 2021 seeking to set aside the AFP subpoena issued on 18 June 2021.