NSW Caselaw
New South Wales Supreme Court
CITATION : Sweeney v Howard [2007] NSWSC 262
HEARING DATE(S) : 16 March 2007
JUDGMENT DATE : 16 March 2007
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
DECISION : Order setting aside substituted service of subpoena on overseas witness.
CATCHWORDS : PRACTICE – Service outside the State – Application to set aside order for substituted service of subpoena on Australian citizen residing in foreign country –Uniform Civil Procedure Rules Pt 11, r 5 permits extraterritorial service of subpoenas – Whether substituted service of subpoena on witness in foreign country permitted – Discretionary considerations – Lack of power to immediately enforce subpoena
Arhill Pty Limited v General Terminal Company Pty Limited (1990) 23 NSWLR 545 CASES CITED : Laurie v Caroll (1958) 98 CLR 310 Re Skase (1991) 104 ALR 229 Southwell v Maladina (2002) 194 ALR 51
David James Sweeney (First Plaintiff) Rhonda June Collison (Second Plaintiff) Cynthia June Sweeney (Third Plaintiff) PARTIES : Gregory Sweeney (Fourth Plaintiff) Sean Martin Howard (First Defendant) Kaygen Pty Limited (Second Defendant) Sintan Pty Limited (Third Defendant) Waters Lane Pty Limited (Fourth Defendant)
FILE NUMBER(S) : SC 3018 of 2006
Mr J Simpkins SC with him Ms S Mirzabegian (Plaintiffs) COUNSEL : Mr F Kunc with him Mr C Bova (Defendants) Ms T Leibman (subpoenaed party)
David Begg & Associates (Plaintiffs) SOLICITORS : Gadens (Defendants) Mallesons Stephen Jaques (subpoenaed party)
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