Vitarich Laboratories v Alan Chen (ex parte) [2012] NSWSC 746

Supreme Court New South Wales

Medium Neutral Citation: Vitarich Laboratories v Alan Chen (ex parte) [2012] NSWSC 746 Hearing dates: 29/05/2012 Decision date: 29 May 2012 Before: Garling J Decision: (1) The plaintiffs be granted leave to file and serve upon Mr Alan Chen a subpoena to attend and give evidence, and a subpoena to produce, in the form annexed to the affidavit of Kirk Sanjay Simmons sworn 30/4/12 and marked "J", providing that paragraphs 2, 10, 19, 20, 22, 23, 25, 27 and 28 are deleted therefrom. (2) The Hon. G E Fitzgerald QC of Level 7, Wentworth Chambers, 180 Phillip St, Sydney NSW 2000 be appointed the Examiner for the purpose of taking the examination of Mr Chen on oath or affirmation. (3) The examination of Mr Alan Chen be held at 10am on 3/9/12, or on such other date as may be fixed by the Examiner at the offices of DLA Piper Australia, Level 38, 201 Elizabeth Street Sydney. (4) The examination hearing be transcribed and recorded audio-visually and that such transcripts be signed and certified by the Examiner. (5) The plaintiffs bear the costs of Order 2, 3 and 4. (6) All counsel retained in proceedings 07-3275-LA in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida are hereby granted leave to take part in the examination. (7) The Examiner forward the records of the examination and any exhibits to the Registrar of the Court to be dealt with in accordance with the Uniform Civil Procedure Rules 2005 and/or the Evidence on Commission Act. (8) The parties have liberty to apply on two days' notice. (9) The proceedings be listed before the Registrar on 15/10/12 at 9am. Catchwords: EVIDENCE - Evidence on Commission Act 1995 - request from US Court for attendance of witness for examination and production of documents Legislation Cited: Evidence on Commission Act 1995 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Vitarich Laboratories Inc (First Applicant) Argan Inc (Second Applicant) Alan Chen (Respondent) Representation: C S Ward (Applicant) Ex Parte (Respondent) File Number(s): 2012/104504