Hall v Donlon [2011] NSWSC 1088

Hall v Donlon [2011] NSWSC 1088

None of Mr Hancock’s objections justified non-compliance. The law does not require conduct money for subpoenas for production, costs can be dealt with post-compliance, and any claim of lien requires proper application to the court, not unilateral disregard of the subpoena.

Jurisdiction
Australia
Judgment Date
31 August 2011
Procedural Posture
Notice of Motion Regarding Non Compliance With Subpoena / Interlocutory (procedural Ruling on Motion)
Outcome
Order for respondent to attend court and produce subpoenaed documents; costs awarded to plaintiff and defendants.
Legal Topics
['subpoenas' "solicitor's Lien" 'costs of Compliance' 'production of Documents']
['practice and Procedure'] ['subpoenas' "solicitor's Lien" 'costs of Compliance' 'production of Documents']

Case Brief

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Procedural Posture

Notice of Motion Regarding Non Compliance With Subpoena / Interlocutory (procedural Ruling on Motion)

Legal Issues

  1. 1 ['Whether failure to provide conduct money justifies non-compliance with a subpoena for production' 'Whether absence of agreement over compliance costs is a valid excuse for non-compliance' 'Whether a solicitor’s possessory lien permits refusal to comply with the subpoena']

Ratio Decidendi

None of Mr Hancock’s objections justified non-compliance. The law does not require conduct money for subpoenas for production, costs can be dealt with post-compliance, and any claim of lien requires proper application to the court, not unilateral disregard of the subpoena.

Court Disposition

Order for respondent to attend court and produce subpoenaed documents; costs awarded to plaintiff and defendants.

Orders

  • ['Pursuant to Civil Procedure Act, s 68, John Leslie Hancock shall attend court and produce documents as described in the subpoena on 7 September 2011.' "The respondent (Mr Hancock) is to pay the defendants' and plaintiff's costs of the motion."]