Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Telstra Corp Ltd v AAPT Ltd [1999] FCA 1410
PRACTICE & PROCEDURE - application by a non-party to the proceedings seeking an order for costs for compliance with two subpoenas and for a motion seeking to set aside the first subpoena - whether claim can include costs for seeking legal advice - whether there should be no order as to costs on the motion
Federal Court Rules, O 27 r 4A, O 27 r 10
Fuelxpress Ltd v L. M. Ericsson Pty Ltd (1987) 75 ALR 284
Australian Securities Commission v Austhome Investments Limited & Ors [1993] 11 ACSR 136
Pyramid Building Society (in Liq.) & Ors v Farrow Finance Corporation (in Liq.) & Ors; Ex Parte Farrow, Clarke & Lawson (1995) 1 VR 464
TELSTRA CORPORATION LIMITED v AAPT LIMITED
NG 484 OF 1997
EINFELD J
21 OCTOBER 1999
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 484 of 1997
BETWEEN: TELSTRA CORPORATION LIMITED
APPLICANT
AND: AAPT LIMITED
RESPONDENT
JUDGE: EINFELD J
DATE OF ORDER: 21 OCTOBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. the respondent pay Hansen Corporation Ltd's costs of its motion dated 15 February 1998 and of compliance with the respondent's subpoenas of 3 February and 9 September 1998 in the sum of $45,561.65 within 14 days.
Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 484 of 1997
BETWEEN: TELSTRA CORPORATION LIMITED
APPLICANT
AND: AAPT LIMITED
RESPONDENT
JUDGE: EINFELD J
DATE: 21 OCTOBER 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Hansen Corporation Limited (Hansen) seeks an order that AAPT pay the costs incurred in Hansen's compliance with two subpoenas issued by AAPT on 3 February and 9 September 1998, and on its motion dated 18 February 1998 which sought to set aside the first subpoena. The application is made pursuant to my orders on 13 August 1998 that: 1. Hansen's notice of motion dated 18 February 1998 be dismissed 2. Costs of the motion and those incurred by Hansen in compliance with the subpoenas be reserved
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