Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
JURISDICTION OF COURT – Application to Court to issue subpoenas for attendance of witnesses at arbitration hearing - Arbitrator appointed by parties pursuant to arbitration clause in lease agreement – Whether Court has power to issue subpoenas – Discretion of Court.
Supreme Court Ordinance 1960 (N.I.) s 5(1)
Supreme Court Act 1933(ACT) s 20(1)
9 and 10 Will. III c.15 (Imp.)
IN THE MATTER OF a consent arbitration between LYNDSAY and SHARON TOOLEY (Lessors) and MARTIN and HEATHER CROSS (Lessees)
No. 10 of 1998
JUDGE: WILCOX J
PLACE: SYDNEY (HEARD BY TELEPHONE FROM NORFOLK ISLAND)
DATE: 30 OCTOBER 1998
IN THE SUPREME COURT OF NORFOLK ISLAND 10 of 1998
BETWEEN: IN THE MATTER OF A CONSENT ARBITRATION BETWEEN LYNDSAY AND SHARON TOOLEY
Lessors
AND: MARTIN AND HEATHER CROSS
Lessees
JUDGE: WILCOX J
DATE OF ORDER: 30 OCTOBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. On application by or on behalf of Martin Cross, and Heather Cross the Registrar issue out of the Court: (a) a subpoena ad testificandum directed to Reg Jefferies; and (b) a subpoena ad testificandum and/or a subpoena duces tecum directed to Donna Henderson, requiring in each case the recipient to attend before Arbitrator Michael Zande at his office at Harness Lane, Norfolk Island, at such time and place as Mr Zande may nominate to the Registrar, to provide evidence in the arbitration being conducted by him between Lyndsay John Tooley and Sharon Johnnie Tooley on the one hand and Martin Cross and Heather Cross on the other. 2. The costs incurred in connection with the issue of the said subpoenas (including the costs of this application) be costs in the discretion of the arbitrator.
IN THE SUPREME COURT OF NORFOLK ISLAND 10 of 1998
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