Multiplex Constructions P/L v HSH Hotels (Aust) Ltd as trustee of the SHR Kent Street Trust & Stamford Property Services Pty Limited [2001] NSWSC 864

New South Wales Supreme Court

CITATION : Multiplex Constructions P/L v HSH Hotels (Aust) Ltd as trustee of the SHR Kent Street Trust & Stamford Property Services Pty Limited [2001] NSWSC 864 CURRENT JURISDICTION: Equity Division Construction List FILE NUMBER(S) : SC 55002/2000 HEARING DATE(S) : 21 and 28 September 2001 JUDGMENT DATE : 3 October 2001

PARTIES : Multiplex Constructions P/L (Plaintiff) HSH Hotels (Aust) Ltd as Trustee of the SHR Kent Street Trust & Stamford Property Services Pty Ltd (Defendant) JUDGMENT OF : Bergin J

COUNSEL : D Miller (Plaintiff) A Sullivan QC (Defendant) SOLICITORS : Minter Ellison (Plaintiff) Griffins (Defendant) CATCHWORDS : [SUBPOENAS] - [INDEMNITY COSTS] - Application for indemnity costs incurred in, and incidental to issuing subpoenas alleged to be necessary because of unreasonable and improper conduct by plaintiff. LEGISLATION CITED : Supreme Court Act 1970 (NSW) Supreme Court Rules - Part 52A.4 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd (1984) 1 NSWLR 710 Waind v Hill and National Employers Mutual General Association Ltd (1978) 1 NSWLR 372 CASES CITED : Wentworth v Rogers [1999] NSWCA 403 [Challenging Subpoenas Duces Tecum: Is there a third party view? P.M. Wood. Sydney Law Review (1984) Vol. 10. No.2 p.379] [Laws of Australia - Vol. 5 Section 5.7] DECISION : Motion dismissed.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CONSTRUCTION LIST