CIMIC Group Limited v AIG Australia Limited (No 2) [2022] NSWSC 93

Supreme Court New South Wales

Medium Neutral Citation: CIMIC Group Limited v AIG Australia Limited (No 2) [2022] NSWSC 93 Hearing dates: On the papers Decision date: 11 February 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) David Savage pay CIMIC's costs of and incidental to the Notice of Motion filed by Mr Savage on 8 July 2021 seeking to set aside the subpoena to produce addressed to the Australian Securities and Investments Commission (ASIC) issued on 7 June 2021 (the ASIC Subpoena); (2) The First Defendant pay CIMIC's costs of and incidental to CIMIC's Notice of Motion filed 30 July 2021 seeking to set aside the subpoena to produce addressed to the Australian Federal Police (AFP) issued on 18 June 2021 (the AFP Subpoena); (3) ASIC's costs of and incidental to its compliance with the subpoena served on it and dated 7 July 2021 by the plaintiff are to be costs payable by the plaintiff. Catchwords: COSTS — Whether costs of two motions to set aside subpoenas should be costs in the cause or borne by each of the parties — Which party should bear the costs of complying with subpoena Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Costs Parties: CIMIC Group Limited (Plaintiff | Applicant AFP Motion | Respondent Savage Motion) AIG Australia Limted (First Defendant | Respondent AFP Motion) David Savage (Applicant) Commissioner of Police, Australian Federal Police (Subpoenaed Party) Australian Securities and Investments Commission (Subpoenaed Party) Representation: Counsel: