Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King v GIO Australia Holdings Ltd [2001] FCA 1773 COSTS – subpoena – non-party – subpoena to ASIC to produce transcript of examination by ASIC – legal expenses incurred by persons examined by ASIC in advancing claims to confidentiality – whether Court has the power to order party issuing subpoena to pay such expenses – discretion WORDS AND PHRASES – "proceeding", "costs"
Federal Court of Australia Act 1976 (Cth) ss 4, 43 Federal Court Rules O 27 rr 1, 4A Re Amalgamated Metals Foundry and Shipwrights Union; Ex parte Adamson (1984) 4 FCR 319 referred to Fiorentino v Irons (1997) 79 FCR 327 referred to Bank of New South Wales v Withers (1981) 35 ALR 21 considered Knight v FP Special Assets Ltd (1992) 174 CLR 178 considered Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1992) 45 FCR 224 referred to Geoform Design Pty Ltd v Randwick City Council (1995) 87 LGERA 140 referred to O'Keeffe Nominees Pty Ltd v BP Australia Ltd (1995) 55 FCR 591 referred to Pyramid Building Society (in liq) v Farrow Finance Corporation (in liq) [1995] 1 VR 465 considered Maronis Holdings Ltd v Nippon Credit Australia Ltd (2000) 18 ACLC 609 referred to Flower & Hart (a firm) v White Industries (Qld) Pty Ltd (2001) 109 FCR 280 referred to Charlick Trading Pty Ltd v Australian National Railways Commission (1997) 149 ALR 647 considered SHANE ROBERT KING v GIO AUSTRALIA HOLDINGS LTD (ACN 054 573 401), GRANT SAMUEL & ASSOCIATES PTY LTD (ACN 050 036 372), DAVID MORTIMER, BRUCE HOGAN, STEWART STEFFEY, RONALD ASHTON, MARINA DARLING, ANDREW KALDOR, LLOYD LANCE, DAVID O'HALLORAN AND IAN POLLARD N 955 OF 1999
MOORE J 13 DECEMBER 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 955 OF 1999
BETWEEN: SHANE ROBERT KING
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