J P Morgan Trust Australia Limited v Kapetanovic [2007] NSWSC 1423

J P Morgan Trust Australia Limited v Kapetanovic [2007] NSWSC 1423

Because Lupco Angelovski was served with the subpoena but failed to produce documents in a timely way or provide a satisfactory explanation for non-production, and did not treat the subpoena as a matter of priority, he should pay the plaintiff's costs of and incidental to the subpoena issued on 28 September 2007 on and from 9 October 2007.

Jurisdiction
Australia
Judgment Date
07 December 2007
Procedural Posture
Civil Proceedings in the Common Law Division Possession List Concerning Recovery of Money and Possession of Secured Properties / Application for Issue and Return of Arrest Warrant for Failure to Comply With Subpoena, and Costs of the Subpoena
Outcome
Costs ordered against Lupco Angelovski in favour of the plaintiff.
Legal Topics
['subpoena for Production of Documents' 'failure to Comply With Subpoena' 'arrest Warrant for Non Compliance' 'costs of and Incidental to Subpoena']
['civil Procedure' 'subpoenas' 'costs'] ['subpoena for Production of Documents' 'failure to Comply With Subpoena' 'arrest Warrant for Non Compliance' 'costs of and Incidental to Subpoena']

Case Brief

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Procedural Posture

Civil Proceedings in the Common Law Division Possession List Concerning Recovery of Money and Possession of Secured Properties / Application for Issue and Return of Arrest Warrant for Failure to Comply With Subpoena, and Costs of the Subpoena

Legal Issues

  1. 1 ['Whether a warrant should issue for the arrest of Lupco Angelovski for failure to comply with a subpoena for production.' 'Whether Lupco Angelovski failed properly or adequately to comply with the subpoena or provide a satisfactory explanation for non-production.' "Whether Lupco Angelovski should pay the plaintiff's costs of and incidental to the subpoena from 9 October 2007."]

Ratio Decidendi

Because Lupco Angelovski was served with the subpoena but failed to produce documents in a timely way or provide a satisfactory explanation for non-production, and did not treat the subpoena as a matter of priority, he should pay the plaintiff's costs of and incidental to the subpoena issued on 28 September 2007 on and from 9 October 2007.

Court Disposition

Costs ordered against Lupco Angelovski in favour of the plaintiff.

Orders

  • ["Lupco Angelovski to pay the plaintiff's costs of and incidental to the subpoena issued on 28 September 2007 on and from 9 October 2007."]