The Application of Jan L. Brodie (Judge of the Circuit Court of Fairfax County, Commonwealth of Virginia, United States of America) v. ex parte Laura E. Dunlop [2013] NSWSC 829

Supreme Court New South Wales

Medium Neutral Citation: The Application of Jan L. Brodie (Judge of the Circuit Court of Fairfax County, Commonwealth of Virginia, United States of America) v. ex parte Laura E. Dunlop [2013] NSWSC 829 Hearing dates: 7 June 2013 Decision date: 25 June 2013 Jurisdiction: Common Law Before: Slattery J Decision: Order made against Laura Dunlop for the reimbursement of the applicants' expenses in complying with the three subpoenas. Judgment for the applicants against Laura Dunlop on the motion dated 3 June 2013 in the sum of $9,000. Catchwords: PROCEDURE - subpoenas issued under Evidence on Commission Act 1995 in aid of US proceedings - NSW proceedings commenced in name of US Judge - but one party to the US proceedings is the true moving party - recipients of subpoenas seek reimbursement of their expenses in complying with subpoenas under Uniform Civil Procedure Rules 2005 (UCPR) r 33.11 - whether costs may be awarded against a non-party to the NSW proceedings - whether moving party should pay UCPR r 33.11 costs, and if so in what amount. Legislation Cited: Evidence Act 1995 s 36 Evidence on Commission Act 1995 s 32, s 33 Uniform Civil Procedure Rules 2005 r 33.11, r 42.33 Civil Procedure Act s 56, s 98(4)(c), 99 Cases Cited: Hawksford v Hawksford [2005] NSWSC 463 Hillig v Darkinjung Pty Limited (No 2) [2008] NSWCA 147 In the Application of Laura Dunlop; request for international judicial assistance [2013] NSWSC 634 The Application of Jan L. Brodie (Judge of the Circuit Court of Fairfax County, Commonwealth of Virginia, United States of America) v. ex parte Laura E. Dunlop [2013] NSWSC 793 Arden Shipping Ltd v Interbulk Ltd (1986) AC 965 Knight v FP Special Assets Limited (1992) 174 CLR 178 Access Services Group Pty Ltd v McLoughlin [2006] NSWSC (532) Manderson M&F Consulting (a Firm) v Incitec Pivot Ltd (No.3) [2011] VSC 441 Jeffrey and Katauskas Pty Limited v SST Consulting Pty Limited (2009) 239 CLR 75, [2009] HCA 43 British American Tobacco Aust Services Limited v Eubanks for the United States of America (2004) 60 NSWLR 483 at [42] Category: Costs Parties: Jan L Brodie (a Judge of the Circuit Court of Fairfax County, Commonwealth of Virginia, United States of America) Stuart Critchley Dunlop (Applicant) Andrew Critchley Dunlop (Applicant) Vardun Pty Limited (Applicant) Representation: Counsel: M.J. Heath R. Flecknoe Brown Solicitors: File Number(s): 2013/00143902