Cassidy v NRMA Health Pty Ltd [2002] FCA 1225

FEDERAL COURT OF AUSTRALIA

Cassidy v Nrma Health Pty Ltd [2002] FCA 1225 PRACTICE AND PROCEDURE – subpoenas – costs of complying with – whether legal costs recoverable – recovery of costs on solicitor and client basis – Federal Court Rules O 27 r 4A. Federal Court Act 1976 (Cth), s 43 Federal Court Rules O 27 r 4A

Fuelexpress Limited v LM Erickson Pty Limited (1987) 75 ALR 284 followed Mowie Fisheries Ltd v Switzerland Insurance Australia Limited (NG 750 of 1994, 23 July 1996, unreported) referred to

BRIAN CASSIDY, CHIEF EXECUTIVE OFFICER OF AUSTRALIAN COMPETITION AND CONSUMER COMMISSION & AUSTRALIAN SECURITIES

AND INVESTMENTS COMMISSION v NRMA HEALTH PTY LIMITED (ACN 075 799 236) & NRMA INSURANCE LIMITED (ACN 000 016 722) & SAATCHI & SAATCHI AUSTRALIA PTY LTD (ACN 001 720 921)

N3011 of 2001

JACOBSON J 3 OCTOBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3011 of 2001

BETWEEN: BRIAN CASSIDY

CHIEF EXECUTIVE OFFICER

AUSTRALIAN COMPETITION

AND CONSUMER COMMISSION

FIRST APPLICANT

AUSTRALIAN SECURITIES

AND INVESTMENTS COMMISSION

SECOND APPLICANT

AND: NRMA HEALTH PTY LIMITED

ACN 075 799 236

FIRST RESPONDENT

NRMA INSURANCE LIMITED

ACN 000 016 722

FOURTH RESPONDENT

SAATCHI & SAATCHI AUSTRALIA PTY LTD

ACN 001 720 921

FIFTH RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 3 OCTOBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The legal costs and expenses incurred by NRMA Health Pty Limited and NRMA Insurance Limited in compliance with the subpoenas, issued on 25 July 2002, be paid by the first and second applicants on a party and party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.