In the matter of Bristrol Custodians Limited [2013] NSWSC 1241

In the matter of Bristrol Custodians Limited [2013] NSWSC 1241

Because the applicant was entitled to an order under UCPR rule 33.11 but only for reasonable loss or expense of complying with the subpoenas, the Court fixed the amount impressionistically. It allowed the $300 hourly rate, reduced document search time to 45 hours because the applicant was not required to search client premises or produce documents held by its client, allowed two hours for legal advice and two hours for client consultation, and allowed photocopying at $1 per page, producing $15,200 plus $1,520 GST, totalling $16,720.

Jurisdiction
Australia
Judgment Date
20 August 2013
Procedural Posture
Interlocutory Application / Application Under UCPR Rule 33.11 for Reasonable Loss or Expense Incurred in Complying With Subpoenas for Production
Outcome
Application allowed in part as to quantum; respondent ordered to pay the applicant $16,720 under UCPR rule 33.11 and $5,000 for the costs of the application.
Legal Topics
['subpoenas' 'costs of Responding to Subpoena' 'quantum of Costs']
['practice and Procedure' 'corporations'] ['subpoenas' 'costs of Responding to Subpoena' 'quantum of Costs']

Case Brief

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Procedural Posture

Interlocutory Application / Application Under UCPR Rule 33.11 for Reasonable Loss or Expense Incurred in Complying With Subpoenas for Production

Legal Issues

  1. 1 ["What amount should be fixed under UCPR rule 33.11 for the applicant's reasonable loss or expense incurred in complying with subpoenas for production." "Whether the applicant's claimed charge out rate of $300 per hour should be allowed." "How much time should be allowed for searching for documents, obtaining legal advice, consulting the applicant's client, and photocopying."]

Ratio Decidendi

Because the applicant was entitled to an order under UCPR rule 33.11 but only for reasonable loss or expense of complying with the subpoenas, the Court fixed the amount impressionistically. It allowed the $300 hourly rate, reduced document search time to 45 hours because the applicant was not required to search client premises or produce documents held by its client, allowed two hours for legal advice and two hours for client consultation, and allowed photocopying at $1 per page, producing $15,200 plus $1,520 GST, totalling $16,720.

Court Disposition

Application allowed in part as to quantum; respondent ordered to pay the applicant $16,720 under UCPR rule 33.11 and $5,000 for the costs of the application.

Orders

  • ['Pursuant to UCPR rule 33.11, the respondent pay the applicant the sum of $16,720.' "The respondent pay the applicant's cost of the application, assessed in the sum of $5,000."]