Butterfield Services Pty Limited v Bentley (No 2) [2013] NSWSC 1187

Supreme Court New South Wales

Medium Neutral Citation: Butterfield Services Pty Limited v Bentley (No 2) [2013] NSWSC 1187 Hearing dates: 26 November 2012 Decision date: 30 August 2013 Jurisdiction: Common Law Before: Adams J Decision: Each party to bear its own costs of and incidental to the notice of motion. Catchwords: COSTS - subpoenas - where the subpoena cannot be answered in full - subpoena oppressive - categories too wide - refused - unnecessary to quash entire subpoena - both sides substantially successful - each party to bear its own costs Legislation Cited: Health Practitioner Regulation (New South Wales) Regulation 2010 Category: Interlocutory applications Parties: Butterfield Services Pty Limited (Plaintiff/ Respondent) Jonathan Bentley (Defendant) DH Beran Pty Limited (Applicant) Representation: Counsel: C J M Palmer (Plaintiff/ Respondent) A L Connolly (Defendant) L Young (Applicant) Solicitors: Aubrey F. Crawley & Co (Plaintiff/ Respondent) TressCox Lawyers (Defendant) Avant Mutual Group Limited (Applicant) File Number(s): 2011/26532

Judgment

Introduction 1This judgment concerns a dispute about costs arising from motions to quash two subpoenas. On 26 November 2012 I dealt with the applications, in effect requiring production of part of the documents sought by the plaintiff from D H Beran Pty Limited (the applicant), refining also some of the document descriptions and quashing the subpoena issued to the defendant's insurer. As to the latter subpoena I made a contemporaneous order for costs. Further submissions were made in respect of the costs of the applicant's motion. This judgment deals with that controversy.