Re Dovico; Ex parte Mayne Wetherall

In the matter of Re Dovico; Ex parte Mayne Wetherall, the Federal Court of Australia was presented with a dispute concerning the recoverable loss and expense incurred by Mayne Wetherall in complying with a subpoena served in New Zealand. The primary legal issues revolved around whether the costs incurred by Mayne Wetherall in complying with the subpoena, including travel expenses and lost productivity, were recoverable under the relevant legislation. Additionally, the court had to determine the appropriate method for calculating such recoverable costs.

The court considered the relevant legislative framework, including the provisions of the Federal Court of Australia Act and the rules governing subpoenas. The Federal Court held that the costs incurred by Mayne Wetherall in complying with the subpoena were recoverable. The court reasoned that the legislation clearly permitted the recovery of reasonable expenses incurred in complying with a subpoena, including travel and lost productivity. The court further held that the appropriate method for calculating these recoverable costs was to consider the actual expenses incurred and the reasonable value of lost productivity. This approach ensured that the party complying with the subpoena was not unjustly enriched while also incentivising compliance with court orders.

The court ordered that Mayne Wetherall was entitled to recover the actual expenses incurred in complying with the subpoena, along with the reasonable value of lost productivity. The specific amount of the recovery was to be determined through a process of assessment by the court, taking into account the evidence presented by both parties. The Federal Court’s decision clarified the parameters for calculating recoverable costs in cross-jurisdictional subpoena cases, providing guidance for future litigants and courts dealing with similar issues.