Event and Time
Event Description
H Troon Pty Ltd (Troon) applied for an order to compel the plaintiff, Beut Property Pty Ltd as Trustee for the Bunnings Epsom Unit Trust, to reimburse its reasonable costs in complying with a subpoena issued by the plaintiff. The subpoena, served on 10 November 2021, requested communication documents related to the construction of a Bunnings Warehouse in Epsom, Victoria, that Troon had undertaken between August 2014 and June 2015.
Application and Claims
Troon claimed reimbursement totaling $49,542.23, broken down into:
- $31,900 for payments made to its IT provider, Kaznetic Pty Ltd
- $4,800 for internal costs
- $12,842.23 for legal fees incurred with Heinz Law
The plaintiff opposed Troon's application on the grounds that the costs were unsubstantiated and unreasonable.
Judicial Decisions
The court ultimately granted Troon's application, approving a reduced sum of $44,428.73 for reimbursement of costs incurred in complying with the subpoena.
Dispute Points and Legal Basis
Dispute Points
- Troon's Claims:
- Submitted detailed costs for IT provider fees and internal expenses. - Emphasized the challenges faced due to the subpoena's broad scope and the necessity of engaging external IT services to retrieve archived emails. - Argued that the plaintiff was aware of its obligation to cover reasonable costs.
- Plaintiff's Arguments:
- Contended that the costs sought by Troon were excessive and unsubstantiated. - Argued that it was not legally bound to cover costs until the work had been performed and validated.
Material Relied Upon
- Troon relied on affidavits and written submissions detailing the nature and necessity of the costs.