Kohen v Deerubbin Aboriginal Land Council [2001] FCA 343

Kohen v Deerubbin Aboriginal Land Council [2001] FCA 343

Because substantial work would be required to comply with the subpoena and Dr Kohen's estimate of $5,000 for his time and associated expenses was reasonable, the Court struck out the agreed parts of the subpoena schedule and ordered payment of $5,000 for compliance. The Notice of Motion was otherwise dismissed, and no costs order was made because it was not appropriate to do so.

Jurisdiction
Australia
Judgment Date
07 March 2001
Procedural Posture
Notice of Motion to Strike Out a Subpoena and for Costs of Compliance / Determination of Notice of Motion
Outcome
Notice of Motion partly granted; otherwise dismissed.
Legal Topics
['subpoena to Produce Documents' 'expert Evidence' 'costs of Compliance With Subpoena' 'costs of Application']
['civil Procedure' 'native Title' 'aboriginal Land Rights'] ['subpoena to Produce Documents' 'expert Evidence' 'costs of Compliance With Subpoena' 'costs of Application']

Case Brief

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Procedural Posture

Notice of Motion to Strike Out a Subpoena and for Costs of Compliance / Determination of Notice of Motion

Legal Issues

  1. 1 ['Whether parts of the Schedule to the subpoena should be struck out.' 'Whether Dr Kohen should be paid costs of complying with the subpoena.' "Whether the respondent should pay Dr Kohen's costs of the Notice of Motion."]

Ratio Decidendi

Because substantial work would be required to comply with the subpoena and Dr Kohen's estimate of $5,000 for his time and associated expenses was reasonable, the Court struck out the agreed parts of the subpoena schedule and ordered payment of $5,000 for compliance. The Notice of Motion was otherwise dismissed, and no costs order was made because it was not appropriate to do so.

Court Disposition

Notice of Motion partly granted; otherwise dismissed.

Orders

  • ['The parts of the Schedule to the subpoena which are struck out in the draft Schedule appearing at page 19 of the affidavit of Mr Tony of 2 March 2001 are struck out.' 'Pursuant to order 27 rule 4A of the Federal Court Rules, the applicant is to pay Dr Kohen $5,000 costs to comply with the subpoena.' 'The Notice of...