Showcorp Pty Ltd v Barton [2002] FCA 1546

FEDERAL COURT OF AUSTRALIA

Showcorp Pty Ltd v Barton [2002] FCA 1546 SHOWCORP PTY LTD v JAMES BARTON ASHCROFT & ANOR N1334 OF 2001 EMMETT J 29 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1334 OF 2001

BETWEEN: SHOWCORP PTY LIMITED

APPLICANT

AND: JAMES BARTON ASHCROFT

FIRST RESPONDENT

AUGMENT COMMUNICATIONS PTY LTD

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 29 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the subpoena for production addressed to Augment Communication Pty Limited that was filed 18 October 2002, be set aside; 2. leave be granted for the issue of a subpoena, in the form initialled by Emmett J and placed with the papers, addressed to Augment Communication Pty Limited, upon the applicant providing security in a form satisfactory to the Registrar, no later than 13 December 2002, in the sum of three thousand dollars ($3000) for the costs of complying with such subpoena. 3. any subpoena issued pursuant to Order 2 be made returnable before the Registrar on 5 February 2003. 4. the applicant pay sixty per cent (60%) of the costs of the motion filed on 24 October 2002, which are to include fifty per cent (50%) of the costs of the affidavit of Robert Bonthorne of 11 November 2002. 5. the notice of motion of 26 October 2002 be otherwise dismissed. 6. all subpoenas that were returnable today stand over for return before the Registrar on 18 December 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1334 OF 2001

BETWEEN: SHOWCORP PTY LIMITED

APPLICANT

AND: JAMES BARTON ASHCROFT

FIRST RESPONDENT