In the matter of NewSat Limited (receivers and managers appointed) (in liquidation) ACN 003 237 303 and the entities listed in the Schedule NSD1734/2015, 21 September 2016

In certain circumstances, a party who is under the compulsion of law – such as a subpoena or an order for production – to produce documents is entitled to be reimbursed its reasonable costs and expenses of compliance. In what circumstances may costs be recovered and what costs are recoverable?

In a decision delivered by the Federal Court of Australia on 21 September 2016 In the matter of NewSat Limited (receivers and managers appointed) (in liquidation) ACN 003 237 303 and the entities listed in the Schedule (“NewSat”), the Court ordered that the issuing party pay the following costs to the producing party:

• the producing party’s internal costs in providing instructions to its solicitors and receiving advice;
• the producing party’s external legal costs in full for reviewing the documents for relevance; and
• the producing party’s external legal costs in full for advice on the order for production, attending court and communicating with the issuing party.