Kaji Australia Pty Ltd v Glover (No. 3) [2018] NSWSC 906

Kaji Australia Pty Ltd v Glover (No. 3) [2018] NSWSC 906

Because the parties had reached a sensible agreement refining the subpoena categories, both sides had partial success on the motions, and the court should not determine costs by trying a hypothetical contest after settlement, the fairest outcome was for each party to pay its own costs of Westpac's notice of motion, with Westpac's motion granted only as to the subpoenas and otherwise dismissed and Mr Glover's motion dismissed with no order as to costs.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Procedural and Other Rulings / Notices of Motion Concerning Subpoenas and Costs
Outcome
Westpac's notice of motion was granted in relation to the subpoenas and otherwise dismissed; Mr Glover's notice of motion was dismissed with no order as to costs; leave was granted for Mr Glover to issue a fresh subpoena; each party was to pay its own costs of Westpac's notice of motion.
Legal Topics
['subpoenas' 'costs' 'settlement' 'non Party Production']
['civil Procedure'] ['subpoenas' 'costs' 'settlement' 'non Party Production']

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Procedural Posture

Procedural and Other Rulings / Notices of Motion Concerning Subpoenas and Costs

Legal Issues

  1. 1 ['Whether the subpoenas issued to St George Bank should be set aside, complied with, or replaced by a fresh subpoena in agreed terms.' 'What costs order should be made where motions concerning subpoenas were settled and both parties had partial success.']

Ratio Decidendi

Because the parties had reached a sensible agreement refining the subpoena categories, both sides had partial success on the motions, and the court should not determine costs by trying a hypothetical contest after settlement, the fairest outcome was for each party to pay its own costs of Westpac's notice of motion, with Westpac's motion granted only as to the subpoenas and otherwise dismissed and Mr Glover's motion dismissed with no order as to costs.

Court Disposition

Westpac's notice of motion was granted in relation to the subpoenas and otherwise dismissed; Mr Glover's notice of motion was dismissed with no order as to costs; leave was granted for Mr Glover to issue a fresh subpoena; each party was to pay its own costs of Westpac's notice of motion.

Orders

  • ["Westpac's Notice of Motion dated 1 June 2018 granted re subpoenas and otherwise dismissed." "Defendant/cross-claimant's Notice of Motion dated 31 May 2018 dismissed with no order as to costs." 'Leave to defendant/cross-claimant to issue further subpoena as agreed in Short Minutes of Order dated 15 June 2018.'...