Uniform Civil Procedure Rules 1999

This rule applies if—

a subpoena for production is directed to a person who is not a party to the proceeding; and

the court is satisfied that substantial loss or expense has been or would be incurred in complying with the subpoena.

The court may order the party on whose behalf the subpoena was issued to pay all or part of the losses and expenses, including legal costs, incurred by the person to whom the subpoena is directed in responding properly to the subpoena.

The court may fix the amount payable under subrule (2) or it may order the amount to be fixed by assessment.

An amount payable under this rule is in addition to an amount payable under rule 419.

An order under this rule may be made at the trial or hearing or at another time but in all cases before the order is made finally deciding the proceeding at first instance.

If a party who is ordered to pay losses and expenses under subrule (2) obtains an order for the costs of the proceeding, the court may—

allow the losses and expenses to be included in the costs recoverable by the party; or

make another order it considers appropriate.