Schiff v Nine Network Australia Pty Ltd (No 6) [2023] FCA 1427

Schiff v Nine Network Australia Pty Ltd (No 6) [2023] FCA 1427

Because the applicant abandoned reliance on the pleading and particular on which the relevance of the subpoenaed documents turned, it was no longer necessary to decide the merits of the subpoenas; and because there had been a proper basis both for issuing the subpoenas and for the applicant's challenge, the subpoenas should be set aside with each party bearing their own costs.

Jurisdiction
Australia
Judgment Date
16 November 2023
Procedural Posture
Costs of Subpoena Dispute / Judgment and Orders on Subpoenas
Outcome
Subpoenas set aside; each party to bear their own costs of the dispute concerning those subpoenas.
Legal Topics
['subpoenas' 'costs of Subpoena Dispute' 'abandonment of Pleading and Particulars']
['costs' 'civil Procedure'] ['subpoenas' 'costs of Subpoena Dispute' 'abandonment of Pleading and Particulars']

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Procedural Posture

Costs of Subpoena Dispute / Judgment and Orders on Subpoenas

Legal Issues

  1. 1 ['Whether the subpoenas to the proper officer of the Australian Taxation Office and the Proper Officer Subpoena Team Australian Federal Police should be set aside after the applicant abandoned reliance on paragraph 12.4 of the statement of claim and the particular in the letter dated 6 July 2023.' 'What costs order should be made where there was a proper basis for both parties to dispute the subpoenas.']

Ratio Decidendi

Because the applicant abandoned reliance on the pleading and particular on which the relevance of the subpoenaed documents turned, it was no longer necessary to decide the merits of the subpoenas; and because there had been a proper basis both for issuing the subpoenas and for the applicant's challenge, the subpoenas should be set aside with each party bearing their own costs.

Court Disposition

Subpoenas set aside; each party to bear their own costs of the dispute concerning those subpoenas.

Orders

  • ['The subpoenas to each of the proper officer of Australian Taxation Office and the Proper Officer Subpoena Team Australian Federal Police be set aside.' 'Each party pay their own costs of the dispute concerning those subpoenas.']