Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSWSC 1204

Supreme Court New South Wales

Medium Neutral Citation: Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSWSC 1204 Hearing dates: 23/08/2013 Decision date: 30 August 2013 Jurisdiction: Equity Division - Expedition List Before: Pembroke J Decision: See paragraph [14] Catchwords: CIVIL PROCEDURE - costs of complying with a subpoena - parties must make a genuine attempt to agree as to the amount before approaching the court - failure to wait for a response not a genuine attempt CIVIL PROCEDURE - claims for loss incurred in compliance with a subpoena must be reasonable Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A Pty Ltd v Z [2007] NSWSC 999 J Aron Corporation v Newmont Yandal Operations Pty Ltd [2004] NSWSC 996 Re Dovico; Ex Parte Mayne Wetherall [2012] NSWSC 822 Category: Costs Parties: Mr Gaurang Parekh - non-party applicant Mr Salil Ray - non-party applicant Endeavour Holdings Pty Ltd - defendant Representation: P Rodionoff - for the applicants J Knackstredt - for the defendant Ai Strategic Lawyers - for the applicants Mooney & Kennedy - for the defendant File Number(s): 2013/32025

Judgment 1This is an application by the recipients of two subpoenas to recover their costs of production of documents from the issuing party, the defendant. The applicants, Mr Gaurang Parekh and Mr Salil Ray, claim $22,209 by notice of motion filed on 14 March 2013. The defendant resists the application on the grounds that the parties did not attempt to reach agreement on the amount of costs as required under the Uniform Civil Procedure Rules (UCPR). And in the alternative, that the amount claimed by the applicants is not reasonable.