E Co v Q (No 2) [2018] NSWSC 445

Supreme Court New South Wales

Medium Neutral Citation: E Co v Q (No 2) [2018] NSWSC 445 Hearing dates: 28 August 2017 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Pursuant to r 33.11(1) of the UCPR order the plaintiffs to pay the sum of $6,000 by way of the reasonable loss and expenses of the applicant in complying with the subpoenas addressed to it and issued by the plaintiffs in these proceedings. (2) Order the applicant to pay the plaintiffs' costs of the notice of motion filed 10 August 2017. (3) If the plaintiffs seek the costs the subject of order 2 on an indemnity basis and the applicant wishes to make further brief written submissions on that issue, direct that those submissions be served and forwarded to my associate within 7 days with a view to determining that issue on the papers. Catchwords: CIVIL PROCEDURE – Subpoenas – Costs of compliance Legislation Cited: Civil Procedure Act 2005 (NSW), s 56(3) Uniform Civil Procedure Rules 2005 (NSW) rr 33.11(1), 42.33 Cases Cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Deposit & Investment Co Ltd v Peat Marwick Mitchell (1996) 39 NSWLR 267 Franklins Pty Ltd v Endeavour Holdings Pty Ltd [2013] NSWSC 1204 J Aron Corporation v Newmont Yandal Operations [2004] NSWSC 996 Re Dovico; Ex parte Mayne Wetherall [2012] NSWSC 822 Category: Procedural and other rulings Parties: "E Co" (First Plaintiff) "EM Co" (Second Plaintiff) "A" (Third Plaintiff) "B" (Fourth Plaintiff) "C" (Fifth Plaintiff) "First Defendant" (First Defendant) Gerard Kelly (Second Defendant) Forsyths Business Services Pty Ltd (Applicant on motion) E Co, EM Co, A, B and C (Respondents on motion) Representation: Counsel: N Kabilafkas (Plaintiffs/Respondents on motion) T Catanzariti (Applicant on motion)