Regina v Obeid

The case of Regina v Obeid involved criminal proceedings where the accused, Obeid, issued a subpoena to a third party seeking documents. The subpoena was drafted broadly without specifying the forensic purpose of the documents sought. Consequently, the subpoena was set aside by consent. The third party, seeking reimbursement for the costs incurred in setting aside and complying with the subpoena, filed an application for costs against Obeid. The central legal issue was whether the Supreme Court had the power to order costs against the accused in relation to the subpoena, specifically in circumstances where the application to set aside the subpoena was not considered a "civil proceeding." Additionally, the court had to determine if the inherent powers of the Court enabled a costs order to be made even if the Supreme Court rules did not provide for it.

The court examined whether the application to set aside the subpoena qualified as a "civil proceeding" under UCPR 34.11, and if "other relief" included costs. It concluded that the application did not constitute a civil proceeding, and therefore, the Supreme Court did not have the power to award costs associated with setting the subpoena aside. However, the court assessed the costs incurred in complying with the subpoena and made an order for payment with interest. This order was stayed until the conclusion of the trial to avoid any prejudice to Obeid's case. The court's decision highlighted the limitations of the Supreme Court's power in awarding costs in such circumstances while still addressing the reasonable costs incurred by the third party.