Attorney-General in and for the State of New South Wales [2011] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General in and for the State of New South Wales [2011] NSWSC 773 Hearing dates: 13 July 2011 Decision date: 22 July 2011 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Unless within 14 days of service of a sealed copy of this Order upon Export Finance and Insurance Corporation ('EFIC') makes an application by way of notice of motion in these proceedings to set aside this Order, EFIC is within 28 days of service of a sealed copy of this Order upon the Proper Officer of EFIC to produce to the Court a copy of: a. the contents of its file reference number 102605, and b. copies of all correspondence, contracts, records of payments made and received and records of claims made and received by EFIC as subrogee of a debt owed to Yavuz Pty Ltd (Australia) by Oktay Omurtak Deri Isletmeleri ve Ticaret AS. 2. The plaintiff be given photocopy access to the documents produced in response to order 1. 3. Leave be granted to the plaintiff to provide a copy of the documents produced in response to order 1 to the 2nd Court of Commerce of First Instance of Istanbul ('the Turkish Court'). Catchwords: EVIDENCE - Evidence on Commission Act 1995 - request from Turkish Court - ex-parte application - orders made Legislation Cited: Evidence on Commission Act 1995 Export Finance and Insurance Corporation Act 1991 (Cth) Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Attorney-General in and for the State of New South Wales Representation: Counsel: Mr D Villa (Plaintiff) Solicitors: IV Knight, Crown Solicitor (Plaintiff) File Number(s): 2011/193495