Pfenning & Anor and Snow

Case

[2014] FamCA 736

5 September 2014


Details
AGLC Case Decision Date
Pfenning & Anor and Snow [2014] FamCA 736 [2014] FamCA 736 5 September 2014

CaseChat Overview and Summary

In the matter of *Pfenning & Anor and Snow*, Hogan J of the Supreme Court of Victoria considered a dispute concerning the costs and expenses associated with a subpoena. The proceedings involved Ms D Pfenning as the respondent and an applicant referred to as Snow.

The central legal issues before the Court were the quantum of losses and expenses incurred by Ms Pfenning in complying with a subpoena issued on 19 November 2013, and the appropriate orders for the costs associated with a Notice of Objection to that subpoena filed on 10 January 2014. The Court also had to determine the costs of an appearance on 25 August 2014 and any other outstanding applications relating to the subpoena's costs.

Hogan J ordered that the applicant pay Ms Pfenning $165.00 in full and final satisfaction of her claim for losses and expenses related to the subpoena. Furthermore, the applicant was ordered to pay Ms Pfenning's costs of and incidental to the Notice of Objection, to be assessed by agreement or by the Court. No order was made as to the costs of the appearance on 25 August 2014, and all other extant applications concerning the subpoena's costs were dismissed.
Details

Areas of Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Costs

  • Discovery

  • Remedies

  • Standing

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Cases Citing This Decision

2

Belcher and Belcher & Anor [2019] FamCA 553
Karllsson & Karllsson [2021] FedCFamC1F 298
Cases Cited

6

Statutory Material Cited

2

G and D & D [2005] FamCA 1429
Markoska & Markoska and Anor [2011] FamCA 833
Kelleher & Anderson [2008] FamCA 113