Boensch v Pascoe (No 2) [2008] FCA 1127

Boensch v Pascoe (No 2) [2008] FCA 1127

Ms McLean is entitled to have her costs of compliance with the subpoena assessed on a solicitor/client basis, but only those costs directly related to compliance will be allowed; communications with clients and negotiating positions about costs are not recoverable.

Parties
Applicant: Franz Boensch; Respondent: Scott Darren Pascoe
Jurisdiction
Australia
Judgment Date
01 August 2008
Procedural Posture
Notice of Motion for Costs Review / Review of Registrar's Order Under S 35 A(5) & (6) of Federal Court of Australia Act 1976 (cth)
Outcome
Registrar's costs order set aside; costs fixed anew by Court; order for costs of applicant's notice of motion against Ms McLean, taxed if not agreed.
Legal Topics
Costs, Subpoena Compliance, Solicitor/client Costs
Bankruptcy Civil Procedure Costs Subpoena Compliance Solicitor/client Costs

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Parties

Franz Boensch

Applicant

Scott Darren Pascoe

Respondent

Procedural Posture

Notice of Motion for Costs Review / Review of Registrar's Order Under S 35 A(5) & (6) of Federal Court of Australia Act 1976 (cth)

Legal Issues

  1. 1 How should reasonable costs of complying with subpoena be assessed for third parties, specifically when the party is a solicitor acting for multiple interests?
  2. 2 Whether specific items in a bill of costs claimed for compliance with subpoena should be allowed or excluded.

Ratio Decidendi

Ms McLean is entitled to have her costs of compliance with the subpoena assessed on a solicitor/client basis, but only those costs directly related to compliance will be allowed; communications with clients and negotiating positions about costs are not recoverable.

Court Disposition

Registrar's costs order set aside; costs fixed anew by Court; order for costs of applicant's notice of motion against Ms McLean, taxed if not agreed.

Orders

  • The order made by Registrar Hannigan on 8 July 2008 is set aside and in lieu thereof it is ordered that Karen McLean's costs of complying with the subpoena returnable to the Court on 16 May 2007 are fixed in the sum of $3,912.00.
  • The applicant's costs of the notice of motion, if any, are to be paid by Ms McLean, such costs to be taxed if not agreed.