Sciacca v Langshaw Valuations Pty Ltd [2012] NSWSC 1450

Sciacca v Langshaw Valuations Pty Ltd [2012] NSWSC 1450

The court found that the Registrar had not erred in requiring attendance of Vero's officer for examination regarding subpoena compliance, as competent legal advice alone did not guarantee proper compliance. The plaintiffs' application for review of the costs order succeeded because the Deputy-Registrar applied an incorrect premise by describing costs as punitive rather than compensatory, failing to follow the principle that costs ordinarily follow the event unless there is disentitling conduct.

Parties
First Plaintiff: Frank Sciacca; Second Plaintiff: Maura Spresian; Third Plaintiff: Rosie Iannelli; Third Defendant: Vero Insurance
Jurisdiction
Australia
Judgment Date
27 November 2012
Procedural Posture
Interlocutory Application / Review of Registrar's Decision and Costs Orders
Outcome
Plaintiffs' notice of motion succeeded; third defendant's application dismissed; extension of time granted but review application dismissed.
Legal Topics
Costs, Subpoena Compliance, Review of Registrar's Decision, Insurance Contract, Discovery of Documents
Civil Procedure Professional Negligence Costs Subpoena Compliance Review of Registrar's Decision Insurance Contract Discovery of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Frank Sciacca

First Plaintiff

Maura Spresian

Second Plaintiff

Rosie Iannelli

Third Plaintiff

Vero Insurance

Third Defendant

Procedural Posture

Interlocutory Application / Review of Registrar's Decision and Costs Orders

Legal Issues

  1. 1 Whether the Deputy-Registrar erred in ordering the attendance for examination of Vero's officer regarding subpoena compliance
  2. 2 Whether competent legal advice ensures proper compliance with a subpoena
  3. 3 Whether the Deputy-Registrar erred in awarding only partial costs to the plaintiffs

Ratio Decidendi

The court found that the Registrar had not erred in requiring attendance of Vero's officer for examination regarding subpoena compliance, as competent legal advice alone did not guarantee proper compliance. The plaintiffs' application for review of the costs order succeeded because the Deputy-Registrar applied an incorrect premise by describing costs as punitive rather than compensatory, failing to follow the principle that costs ordinarily follow the event unless there is disentitling conduct.

Court Disposition

Plaintiffs' notice of motion succeeded; third defendant's application dismissed; extension of time granted but review application dismissed.

Orders

  • Order of Senior Deputy Registrar Kenna made on 11 July 2012 with respect to costs discharged; third defendant to pay plaintiffs' costs for the motions
  • Time for filing third defendant's notice of motion extended to 27 August 2012