Kennedy v Wallace [2004] FCA 636

FEDERAL COURT OF AUSTRALIA

Kennedy v Wallace [2004] FCA 636

PRACTICE AND PROCEDURE – subpoenae to third party to produce documents and to give evidence before trial – circumstances in which appropriate COSTS – where third party has subpoenae set aside WORDS AND PHRASES – 'to give evidence' Federal Court Rules O 27 Hughes v Western Australian Cricket Association Inc (1986) 66 ALR 541 referred to Waind v Hill [1978] 1 NSWLR 372 applied TREVOR JOHN KENNEDY v ANDREW CHARLES VERSCHUER WALLACE, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION AND COMMISSIONER OF POLICE, AUSTRALIAN FEDERAL POLICE N 3065 OF 2003 GYLES J 21 MAY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 3065 OF 2003

BETWEEN: TREVOR JOHN KENNEDY

APPLICANT

AND: ANDREW CHARLES VERSCHUER WALLACE

FIRST RESPONDENT

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

SECOND RESPONDENT

COMMISSIONER OF POLICE, AUSTRALIAN FEDERAL POLICE

THIRD RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 21 MAY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: Australian Securities and Investments Commission pay the costs of Rene Walter Rivkin of the motion to set aside two subpoenae addressed to him, such costs to be taxed on a solicitor/client basis and paid forthwith. 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 N 3065 OF 2003

BETWEEN: TREVOR JOHN KENNEDY

APPLICANT

AND: ANDREW CHARLES VERSCHUER WALLACE

FIRST RESPONDENT

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION

SECOND RESPONDENT

COMMISSIONER OF POLICE, AUSTRALIAN FEDERAL POLICE