Bank of New South Wales v Withers, Gary Raymond & Anor [1981] FCA 52

CATCHWORDS

Practice and procedure - subpoena to produce documents

served on bank - bank put to expense in retrieving,

collating and copying documents - bank not entitled to

recover expenses from party issuing subpoena.

BANK OF NEW SOUTH WALES v. JOY WITHERS

No. G 41 of 1978 SHEPPARD J.

12 May, 1981

SYDNEY

GARY RAYMOND WITHERS and DENIS&

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G 41 of 1978 GENERAL DIVISION

BANK OF NEW SOUT] WALES

Applicant

GARY RAYMOND wITHERS and ENISG JOY slTes

Respondents

ORDER

JUDGE MAKING ORDER: SHEPPARD J. DATE CF ORDER: 11 May, 1981 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Notice of Motion be dismissed. 2. The Bank of New South wales pay tne costs tnereof of the respondents thereto Gary Raymond withers and

Denise Joy Withers.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT R&GIITRY No. G 41 of 1978 GENERAL DIVISION

BANK OF NEW SCUTH wWAL&S Applicant GARY RAYHOND WITHERS and

DeaNiSk JOY wITHEKS

Resvondents

CORAM: SHEPPARD J 11 May, 1981

(on application for expenses incurred _in

complying with subpoena to produce documents)

The question raisea by the notice of motion taken out by the Bank of New South Wales in this matter 18 whether the Bank is entitled to recover from persons who causec subpoenas to produce documents to be served upon it, its expenses of searching out and gathering documents in orcer to comply with the subpoenas.

The above numbered matter was a proceeding in which the respondents to the motion sued N.S.W. Mutual Real =state Fund Limited and Members Management Pty. Limited tor damages for breacnes of the Trade Practices Act 1974, ne proceed- angs were set down for heering on & July, i980, and were settled. It is unnecessary to refer to the detail of the

orders which were then made by consent except to say tnat

"(b)