NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Arraj v Sime Darby Motors Retail Australia Pty Ltd t/as Parramatta BMW (No. 2) [2024] NSWDC 226 Hearing dates: 12 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Pursuant to r 33.11 of the Uniform Civil Procedure Rules 2005 (NSW) order the plaintiff to pay BMW Australia Ltd the amount of $14,601 for reasonable loss or expense incurred in complying with the subpoena issued by the plaintiff. (2) Order the plaintiff to pay the costs of BMW Australia Pty Ltd of and incidental to the Notice of Motion filed on 12 April 2024. Catchwords: COSTS – notice of motion by stranger to the litigation – costs of compliance with a subpoena – necessary and reasonable work to comply with subpoena – quantum dispute Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 33.11 Cases Cited: A Pty Ltd v Z [2007] NSWSC 999 Arraj v Sime Darby Motors Retail Australia Pty Ltd trading as Parramatta BMW [2024] NSWDC 78 Money Max Int Pty Ltd (Trustee) v QBE Insurance Group Ltd (No. 3) [2018] FCA 2101 Category: Procedural rulings Parties: Simon Arraj (Plaintiff) BMW Australia Ltd (Applicant on the Motion) Representation: Counsel: E Ball (Plaintiff) J Pokoney (Applicant on the Motion)
Solicitors: Blackstone Waterhouse (Plaintiff) Mills Oakley (Applicant on the Motion) File Number(s): 2022/249559
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