MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: Citation: | Wilson-Smith v Laws [2017] ACTMC 29 |
| Hearing Dates: | 20 October 2016; 07 April 2017 |
| DecisionDate: | 04 October 2017 |
| Before: | Magistrate Morrison |
Decision: Catchwords: | See paragraph [68] CIVIL LAW – Costs – subpoena in criminal proceedings set aside - alleged breach of Harman undertaking – power to make costs order – whether costs order should be made – indemnity costs refused – order for costs made on ordinary basis. |
Legislation Cited: | Court Procedure Rules 2006 (ACT). |
Cases Cited: | Application by John Fairfax Publications Pty Ltd re MSK, MAK, MMK and MRK [2006] NSWCCA 386. |
| Parties: | Commissioner of the Australian Federal Police (First Applicant) |
| Representation: | Counsel Solicitors |
| File Number: | CC 698 of 2016 |
MAGISTRATE MORRISON:
On 12 October 2016 I made an order that a subpoena issued at the request of the Defendant and addressed to the Commissioner of the Australian Federal Police (“Commissioner”) be set aside, except to the extent that it related to documents which had already been delivered up without objection. The order was made on the application of the Commissioner. Costs were reserved.
The Defendant later pleaded guilty to the charge against her. The matter was subsequently relisted before me by the Commissioner seeking an order for costs of the application to set aside the subpoena. Directions were made for the filing and service of material and outlines of argument and the application…
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CaseChat Overview and Summary
The court also rejected the Respondent's argument that the costs order should not be made because there was no finding of a breach of the Harman undertaking. The court concluded that the Commissioner's application was always likely to succeed, and the costs order should be made on the ordinary basis.
The final orders made by the court were as follows:
1. The Respondent is to pay the Commissioner's costs of the application to set aside the subpoena.
2. The Respondent is to pay the Commissioner's costs of the costs application.
3. Order 2 does not take effect if either party, within 14 days from the date of the decision, requests that the Associate re-list the matter for the purpose of seeking some other costs order. The court made the orders against the Respondent on the basis of the undertaking given to the Court that, if such an order was made, the lawyers for the Respondent would pay the costs.
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Background
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