Mazzeo v KSH Consulting Pty Ltd [1999] FCA 441

Mazzeo v KSH Consulting Pty Ltd [1999] FCA 441

The evidence did not justify compensating Effective Computer Solutions Pty Limited for Mr Borcherdt's time at $100 per hour because the work appeared basically clerical, the evidence of any liability incurred by ECS was unclear, and there was no evidence justifying use of Mr Borcherdt rather than an ECS employee. Compensation was appropriate only on the basis of clerical work at $25 per hour, and the costs of the motion were reserved.

Jurisdiction
Australia
Judgment Date
01 April 1999
Procedural Posture
Motion Under Order 27 Rule 4 a of the Federal Court Rules for Compensation for Expense or Loss Incurred in Complying With a Subpoena / Ex Tempore Reasons for Judgment
Outcome
Motion allowed in part; compensation to be calculated at $25 per hour rather than the claimed $100 per hour, with costs of the motion reserved.
Legal Topics
['subpoenas' 'compensation for Non Party Compliance With Subpoena' 'reasonably Incurred Expense or Loss' 'costs of Motion']
['civil Procedure'] ['subpoenas' 'compensation for Non Party Compliance With Subpoena' 'reasonably Incurred Expense or Loss' 'costs of Motion']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion Under Order 27 Rule 4 a of the Federal Court Rules for Compensation for Expense or Loss Incurred in Complying With a Subpoena / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether Effective Computer Solutions Pty Limited, a non-party named in a subpoena, incurred substantial expense or loss in complying with the subpoena.' 'Whether the claimed sum of $5,113.85, including time spent by Mr Borcherdt at $100 per hour sorting documents, was reasonably incurred or lost in complying with the subpoena.' 'Whether compensation should instead be calculated by reference to clerical work at $25 per hour.' 'What order should be made as to the costs of the motion.']

Ratio Decidendi

The evidence did not justify compensating Effective Computer Solutions Pty Limited for Mr Borcherdt's time at $100 per hour because the work appeared basically clerical, the evidence of any liability incurred by ECS was unclear, and there was no evidence justifying use of Mr Borcherdt rather than an ECS employee. Compensation was appropriate only on the basis of clerical work at $25 per hour, and the costs of the motion were reserved.

Court Disposition

Motion allowed in part; compensation to be calculated at $25 per hour rather than the claimed $100 per hour, with costs of the motion reserved.

Orders

  • ['The issuing party is to pay Effective Computer Solutions Pty Limited its costs of complying with the subpoena calculated at the rate of $25 per hour rather than $100 per hour.' 'Costs of the motion brought by Effective Computer Solutions Pty Limited are reserved.']