Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSWSC 1204

Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSWSC 1204

No order for subpoena compliance costs could or should be made because the applicants did not make a genuine attempt to agree on the amount of costs within the meaning of UCPR r 42.33 before filing the motion; sending invoices and filing the motion the next day without waiting for the defendant's response was insufficient.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Application by Recipients of Subpoenas to Recover Costs of Production of Documents From the Issuing Party / Notice of Motion Filed on 14 March 2013
Outcome
Notice of motion dismissed with costs.
Legal Topics
['costs of Complying With a Subpoena' 'attempt to Agree Costs Before Approaching the Court' 'reasonableness of Subpoena Compliance Expenses']
['civil Procedure' 'costs'] ['costs of Complying With a Subpoena' 'attempt to Agree Costs Before Approaching the Court' 'reasonableness of Subpoena Compliance Expenses']

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Procedural Posture

Application by Recipients of Subpoenas to Recover Costs of Production of Documents From the Issuing Party / Notice of Motion Filed on 14 March 2013

Legal Issues

  1. 1 ['Whether the applicants had attempted, but failed, to agree on the amount of costs to be paid as required by UCPR r 42.33.' 'Whether the costs claimed by the applicants for compliance with the subpoenas were reasonable under UCPR r 33.11.']

Ratio Decidendi

No order for subpoena compliance costs could or should be made because the applicants did not make a genuine attempt to agree on the amount of costs within the meaning of UCPR r 42.33 before filing the motion; sending invoices and filing the motion the next day without waiting for the defendant's response was insufficient.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The notice of motion should be dismissed with costs.']