MacDowell & Williams & Ors

The proceedings before Kent J concerned a dispute involving the parties MacDowell & Williams & Ors, where a subpoena had been filed on 4 October 2011. The Intervenors provided an undertaking to the Respondent regarding the provision of specific documents related to the F G MacDowell Discretionary Trust.

The central legal issue before the court was whether the subpoena filed by the Respondent should be set aside, contingent upon the Intervenors' undertaking to produce certain documents. The court was also required to determine the appropriate costs order for the proceedings, should the parties be unable to reach an agreement.

Kent J ordered that the subpoena be set aside upon the Intervenors' undertaking to provide the identified documents to the Respondent. In relation to costs, the court stipulated a process for the parties to file written submissions if they could not agree on a costs order within 21 days, with the issue to be determined in chambers unless otherwise contended. If the parties reached an agreement on costs, they were at liberty to file minutes of consent. The matter was otherwise adjourned for further mention.