In the Application of Her Majesty’s Attorney General in and for the State of New South Wales under s 32 of the Evidence on Commission Act 1995 (NSW); In the matter of a request from the District Court of the Canton of Zurich in Switzerland in case file no. BR180009 for assistance [2020] NSWSC 817

Supreme Court New South Wales

Medium Neutral Citation: In the Application of Her Majesty's Attorney General in and for the State of New South Wales under s 32 of the Evidence on Commission Act 1995 (NSW); In the matter of a request from the District Court of the Canton of Zurich in Switzerland in case file no. BR180009 for assistance [2020] NSWSC 817 Hearing dates: 25 June 2020 Date of orders: 25 June 2020 Decision date: 25 June 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 33 of the Evidence on Commission Act 1995 (NSW), leave is granted to the plaintiff to issue and serve a Subpoena to Attend to Give Evidence addressed to Luzia Carolina Dänzer Fagan, described in the Request to be of [Address in NSW], in the form of Annexure "B" to the affidavit of Emma McKibbin affirmed 16 June 2020. (2) A Registrar of this Court is appointed as Examiner in relation to the examination of Luzia Carolina Dänzer Fagan under r 52.2 of the Uniform Civil Procedure Rules 2005 (NSW). (3) A copy of the Summons, the affidavit of Ms McKibbin affirmed 16 June 2020 and these Orders be served on Ms Fagan. (4) The plaintiff has leave to approach the Court to appoint a date and place for the examination of Ms Fagan. (5) Following the completion of the examination of Luzia Carolina Dänzer Fagan: (a) A transcript of the examination be prepared and certified in accordance with rules 24.14(1)–(3) of the Uniform Civil Procedure Rules 2005 (NSW). (b) The certified transcript, and any exhibit is to be retained by the examining Registrar and be sent by the examining Registrar to the Principal Registrar of the Supreme Court in accordance with rules 52.4(3) and 52.4(4) of the Uniform Civil Procedure Rules 2005 (NSW). (c) A Registrar of this Court is to issue a sealed Certificate, and send that Certificate and annexure to the plaintiff, in accordance with rule 52.5 of the Uniform Civil Procedure Rules 2005 (NSW). Catchwords: EVIDENCE ON COMMISSION – Evidence on Commission Act 1995, s 32— Application for assistance in obtaining evidence for proceedings in Switzerland– Leave granted to issue subpoena to attend to give evidence Legislation Cited: Evidence on Commission Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: British American Tobacco Australian Services Ltd v Eubanks for the United States of America (2004) 60 NSWLR 483; [2004] NSWCA 158 Category: Procedural and other rulings Parties: Attorney General in and for the state of New South Wales (Plaintiff) Representation: Counsel: D Tynan (Plaintiff)