Re John Dee (Export) Pty. Limited & Ors [1989] ATPT 1

Re John Dee (Export) Pty. Limited & Ors [1989] ATPT 1

The VSAA, although it had an interest in the substantive review proceeding, was not to be treated as a party, and there was no foundation for the allegation that it acted obstructively. Its costs and expenses reasonably incurred in responding to and complying with the summonses, including the costs of the appearances on 8 December 1988 and 16 March 1989, should therefore be reimbursed, with professional costs and disbursements taxed on a solicitor and client basis and the Registrar to tax and certify the amount.

Jurisdiction
Australia
Judgment Date
16 March 1989
Procedural Posture
Application for a Review of a Determination Made by the Trade Practices Commission Dated 1 October 1987 / Decision on Reimbursement of Costs and Expenses Incurred in Complying With Summonses
Outcome
Order made for John Dee (Export) Pty. Limited to pay the Victorian Stock Agents Association a sum sufficient to compensate it for reasonably incurred or lost expenses and loss in responding to and complying with summonses, subject to taxation and certification by the Registrar before further order.
Legal Topics
['summons to Witness' 'summons to Produce Documents' 'reimbursement of Non Party Costs and Expenses' 'solicitor and Client Costs' 'taxation of Costs']
['trade Practices' 'costs' 'tribunal Procedure'] ['summons to Witness' 'summons to Produce Documents' 'reimbursement of Non Party Costs and Expenses' 'solicitor and Client Costs' 'taxation of Costs']

Case Brief

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Procedural Posture

Application for a Review of a Determination Made by the Trade Practices Commission Dated 1 October 1987 / Decision on Reimbursement of Costs and Expenses Incurred in Complying With Summonses

Legal Issues

  1. 1 ["Whether the Tribunal should exercise its discretion to order reimbursement of the Victorian Stock and Station Agents Association's costs and expenses incurred in complying with summonses." 'Whether the Victorian Stock and Station Agents Association should be treated as if it were a party rather than an independent third party.' 'Whether the Victorian Stock and Station Agents Association engaged in obstructive conduct in relation to the summonses.' 'Whether the costs of appearances before the Tribunal on 8 December 1988 and 16 March 1989 should be included in the reimbursable costs and expenses.' 'How the classes of reimbursable costs and expenses should be identified and assessed.']

Ratio Decidendi

The VSAA, although it had an interest in the substantive review proceeding, was not to be treated as a party, and there was no foundation for the allegation that it acted obstructively. Its costs and expenses reasonably incurred in responding to and complying with the summonses, including the costs of the appearances on 8 December 1988 and 16 March 1989, should therefore be reimbursed, with professional costs and disbursements taxed on a solicitor and client basis and the Registrar to tax and certify the amount.

Court Disposition

Order made for John Dee (Export) Pty. Limited to pay the Victorian Stock Agents Association a sum sufficient to compensate it for reasonably incurred or lost expenses and loss in responding to and complying with summonses, subject to taxation and certification by the Registrar before further order.

Orders

  • ['That John Dee (Export) Pty. Limited pay to the Victorian Stock Agents Association a sum sufficient to compensate it for the expense and loss which it reasonably incurred or lost in responding to and complying with the various summonses to witness served upon it by John Dee (Export) Pty. Limited from on or about 22...