Visscher v Maritime Union of Australia [2013] NSWSC 1523

Supreme Court New South Wales

Medium Neutral Citation: Visscher v Maritime Union of Australia [2013] NSWSC 1523 Hearing dates: 17 October 2013 Decision date: 17 October 2013 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Pursuant to Rule 32.2 of the Uniform Civil Procedure Rules 2005 (NSW), an order granting leave to the defendant to serve a subpoena to attend and give evidence upon the following person in New Zealand: Anthony Skilton of 11 Hobbs Road, Gulf Harbour, Whangaparoao 0930 New Zealand,such subpoena to be returnable on 28 October 2013. 2. An order that the subpoena to attend and to give evidence addressed to Anthony Skilton be served on or before 21 October 2013. 3. Pursuant to Rule 33.2 of the Uniform Civil Procedure Rules, an order granting leave to the defendant to serve a subpoena to attend and give evidence upon the following person in the State of Victoria: James Braithwaite of 3460 Deakin Avenue, Mildura, Victoria, such subpoena to be returnable on 28 October 2013. 4. Pursuant to s 30(1) of the Service and Execution of Process Act 1992 (Cth) the Court allows a period of not less than three working days between service and the day on which the person to whom the subpoena is addressed is required to comply. 5. Direct that service of each subpoena be effected by email. Catchwords: SUBPOENAS - no question of principle Legislation Cited: - Evidence and Procedure (New Zealand) Act 1994 (Cth) - Service and Execution of Process Act 1992 (Cth) Cases Cited: Visscher v Fairfax Digital Australia and New Zealand Pty Ltd [2013] NSWSC 1512 Category: Interlocutory applications Parties: Timothy Visscher (Plaintiff) Maritime Union of Australia (Defendant) Representation: Counsel: R.K. Weaver (Defendant) Solicitors: Roderick Storie Solicitors (Plaintiff) Slater & Gordon (Defendant) File Number(s): 2011/339947