In the matter of One.Tel Limited (in liquidation) [2011] NSWSC 1027

Supreme Court New South Wales

Medium Neutral Citation: In the matter of One.Tel Limited (in liquidation) [2011] NSWSC 1027 Hearing dates: Friday, 19 August 2011 Decision date: 19 August 2011 Jurisdiction: Equity Division - Corporations List Before: White J Decision: 1. Order that the defendant pay the costs of Telstra Corporation Limited of and incidental to the interlocutory process dated 24 September 2010 on the ordinary basis from 7 October 2010. 2. Order that Telstra Corporation Limited pay the defendant's costs of the hearing today on the ordinary basis. Catchwords: CORPORATIONS - costs - interlocutory application for access to documents the subject of notice to produce - where dispute in relation to privilege - initial claim for privilege in respect of three documents not pressed and subsequently claim for access not pressed in respect of balance of documents - producing party the substantially successful party - costs should follow the event after producing party abandoned its claim for privilege in respect of the three documents and provided detailed explanation of basis of claim for balance of documents Legislation Cited: Evidence Act 1995 Cases Cited: Re Minister for Immigration and Ethic Affairs (Cth); Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270; (2000) 101 FCR 548 Category: Costs Parties: Telstra Corporation Ltd (Applicant) Paul Gerard Weston (Respondent) Representation: V Whittaker (Applicant) R Glasson (Respondent) Arnold Bloch Liebler (Applicant) O'Neill Partners Commercial Lawyers (Respondent) File Number(s): 2010/71799