Frontier Assets Pty Ltd v Fishburn [2011] NSWSC 334

Supreme Court New South Wales

Medium Neutral Citation: Frontier Assets Pty Ltd v Fishburn [2011] NSWSC 334 Hearing dates: 31 March 2011 Decision date: 21 April 2011 Jurisdiction: Common Law Before: Harrison J Decision: 1. Order Frontier to pay Mr Wavish's reasonable loss and expense of complying with the subpoena issued to him dated 13 October 2010. 2. Make no order as to the costs of the motion filed 12 November 2010 to set aside the subpoena, including the costs of the hearings and argument before me. 3. Order Frontier to pay Mr Wavish his reasonable loss or expense incurred in complying with the subpoena issued to Milan Djekovic dated 13 October 2010. Catchwords: PROCEDURE - costs - whether respondent ought to pay applicant's reasonable loss and expense incurred in complying with a subpoena issued to him by respondent - respondent ordered to pay applicant's costs - no order made as to costs of applicant's motion to set aside the subpoena Legislation Cited: Civil Procedure Act 2005 Cases Cited: A Pty Ltd v Z [2007] NSWSC 999 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194; (1993) 11 ACSR 136 Charlick Trading Pty Ltd v Australian National Railways Commission (1997) 149 ALR 647 Danieletto v Khera (1995) 35 NSWLR 684 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Fuelxpress Ltd v LM Ericsson Pty Ltd (1987) 75 ALR 284 Hadid v Lenfest Communications Inc (1996) 144 ALR 73; (1996) 65 FCR 350 Harrison v Schipp [2001] NSWCA 13 Huntsman Chemical Co Australia Ltd v International Pools Australia Pty Ltd (1995) 36 NSWLR 242; (1995) 125 FLR 151 J Aron Corporation Pty Ltd v Newmont Yandal Operations Pty Ltd [2005] NSWSC 1280 NMFM Property Pty Ltd v Citibank Ltd (No 11) [2001] FCA 480; (2001) 109 FCR 77 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Re Bauhaus Pyrmont Pty Ltd (in liq) [2006] NSWSC 879; (2006) 67 NSWLR 289 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Re Pan Pharmaceuticals Ltd; Selim v McGrath [2004] NSWSC 129; (2004) 48 ACSR 681 Category: Consequential orders Parties: Frontier Assets Pty Ltd (Plaintiff) Michael George Fishburn (First Defendant) John James Watson (Second Defendant) Christopher Martin O'Brien (Third Defendant) Sam Couper (Fourth Defendant) Stephen Campbell (Fifth Defendant) Michael Bigelow (Sixth Defendant) Todd Ritchie (Seventh Defendant) Bernard Coles QC (Eighth Defendant) Representation: Counsel: G George (Plaintiff) I R Pike (Applicant) Solicitors: Kalfus Legal (Plaintiff) Gilbert + Tobin (Applicant) File Number(s): 2008/289361