Re Ansett Australia Holdings Ltd

Ansett Australia Holdings Limited filed an application for costs related to a summons to set aside a criminal subpoena issued in the matter of The Queen v. Poradin and Popescu. The subpoena, which was issued late and was overly broad, required Ansett to produce various files and security information. Despite Ansett's attempts to discuss the subpoena with the respondents' solicitors, no response was received, leading Ansett to apply to set aside the subpoena. The court was tasked with determining whether it had the power to award costs in such a scenario and, if so, whether those costs should be charged against the respondents or their solicitor. The court considered relevant authorities and statutory provisions but ultimately concluded that there was no inherent or implied power to award costs in this context. Consequently, the summons for costs was dismissed, and no costs were ordered.