Application of Attorney General of New South Wales [2013] NSWSC 807

Supreme Court New South Wales

Medium Neutral Citation: Application of Attorney General of New South Wales [2013] NSWSC 807 Hearing dates: 12 June 2013 Decision date: 12 June 2013 Jurisdiction: Common Law Before: Slattery J Decision: Leave to issue a subpoena granted. Catchwords: PROCEDURE - operation of Uniform Civil Procedure Rules 2005 r 52.1 - application to issue a subpoena under Evidence on Commission Act 1995 on request from the Superior Court of the County of Los Angeles, California - some delay in the application coming before the Court - requested documents relate to events which occurred over 34 years ago - search time must be allowed to subpoenaed party - production of documents by the date requested by the foreign court not practicable - alternative methods of reducing delays in the administration of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters discussed - HELD: leave to issue a subpoena granted, date for the return of the subpoena in three weeks. Legislation Cited: Evidence on Commission Act 1995, s 32, s 33 Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil and Commercial Matters Uniform Civil Procedure Rules 2005 r 52. Cases Cited: Re Cordova v Philips Roxane Laboratories Inc [1984] 2 NSWLR 327 First American Corporation v Sheikh Zayad Al-Nahyan [1998] 4 All ER 439 Application of Monier Inc [2009] NSWSC 986, (2009) 76 NSWLR 158 Re Fairfax Financial Holdings Limited and Anor [2011] NSWSC 223 Vitarich Laboratories v Alan Chen [2012] NSWSC 746. Texts Cited: S. Stuart Clark and Ch Harris, Obtaining Evidence in Australia for Use in the United States and other Hague Convention Countries, 73 Def. Counsel J, 235-2006 Category: Procedural and other rulings Parties: Attorney General of New South Wales Representation: Counsel: D. Tynan Solicitors: Crown Solicitor File Number(s): 2013/174518