NSW Caselaw
New South Wales Supreme Court
CITATION : Simpson v Monteith and Ors [2009] NSWSC 156
HEARING DATE(S) : 10 March 2009
JUDGMENT DATE : 18 March 2009
JUDGMENT OF : Hoeben J
DECISION : Order 7 in the fifth defendant's Notice of Motion of 19 December 2008 is refused. Fifth defendant is to pay the plaintiff's costs of arguing this question.
CATCHWORDS : PRACTICE AND PROCEDURE - Subpoena - costs of responding to subpoena - matters relevant to such consideration - what conduct is relevant - when recipient of subpoena subsequently becomes a party to the proceedings - COSTS - subpoena - entitlement to costs of party answering subpoena - what considerations should be taken into account - what conduct is relevant - when recipient of subpoena subsequently becomes party to proceedings.
LEGISLATION CITED : UCPR 33.11(1)
CATEGORY : Procedural and other rulings
CASES CITED : Fuelxpress Limited v LM Ericsson Pty Limited (1987) 75 ALR 284 Marsden v Amalgamated Television Services Pty Limited [2001] NSWSC 77
Calandre Julia Theresa Simpson - Plaintiff Richard Bruce Monteith - First Defendant PARTIES : Frederick William Henry - Second Defendant Gail Jacqueline Simpson - Third Defendant William Charles Simpson - Fourth Defendant Perpetual Trustee Company Limited - Fifth Defendant
FILE NUMBER(S) : SC 20072/2008
Mr DJ Higgs SC/Mr DE Graham - Plaintiff COUNSEL : Mr D Davies SC - First and Second Defendants Ms V Evans - Third and Fourth Defendants Mr R Dubler SC/Mr T Maltz - Fifth Defendant
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