Butterfield Services Pty Limited v Bentley (No 2) [2013] NSWSC 1187

Butterfield Services Pty Limited v Bentley (No 2) [2013] NSWSC 1187

Because the applicant substantially succeeded in limiting the subpoena and being excused from producing many documents, while the subpoena was not quashed in its entirety and production of refined categories was still required, each party had achieved substantial success; accordingly each party should bear its own costs of and incidental to the notice of motion.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Interlocutory Applications Concerning Costs of a Notice of Motion to Quash a Subpoena / Costs Determination After Orders Refining Production Under the Subpoena
Outcome
Each party to bear its own costs of and incidental to the notice of motion.
Legal Topics
['subpoenas' 'oppression' 'legitimate Forensic Purpose' 'production of Documents' 'costs of Interlocutory Motion']
['civil Procedure' 'costs'] ['subpoenas' 'oppression' 'legitimate Forensic Purpose' 'production of Documents' 'costs of Interlocutory Motion']

Case Brief

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Procedural Posture

Interlocutory Applications Concerning Costs of a Notice of Motion to Quash a Subpoena / Costs Determination After Orders Refining Production Under the Subpoena

Legal Issues

  1. 1 ['Whether the subpoena directed to DH Beran Pty Limited was oppressive or too wide in its categories and period of production.' 'Whether there was a legitimate forensic purpose for production of documents covering the expanded period in the proposed amended statement of claim.' 'What costs order should be made where the applicant obtained significant limitations on production but the subpoena was not quashed in its entirety.']

Ratio Decidendi

Because the applicant substantially succeeded in limiting the subpoena and being excused from producing many documents, while the subpoena was not quashed in its entirety and production of refined categories was still required, each party had achieved substantial success; accordingly each party should bear its own costs of and incidental to the notice of motion.

Court Disposition

Each party to bear its own costs of and incidental to the notice of motion.

Orders

  • ['Each party to bear its own costs of and incidental to the notice of motion.']