Jonathan Paul Eyewear, Inc [2015] NSWSC 134

Supreme Court New South Wales

Medium Neutral Citation: Jonathan Paul Eyewear, Inc [2015] NSWSC 134 Hearing dates: 24 February 2015 Date of orders: 27 February 2015 Decision date: 02 March 2015 Jurisdiction: Common Law Before: Hall J Decision: Leave granted pursuant to s 32 Evidence on Commission Act 1995 to issue a Subpoena to Attend to Give Evidence and Produce Legislation Cited: Evidence on Commission Act 1995 (NSW) Category: Procedural and other rulings Parties: Jonathan Paul Eyewear, Inc (Plaintiff, ex parte) Representation: Counsel: L Merrick (Plaintiff)

Solicitors: Corrs Chambers Westgarth (Plaintiff) File Number(s): 2015/41849

Judgment 1. The plaintiff, Jonathan Paul Eyewear, Inc, by way of summons filed on 10 February 20156 makes application, pursuant to a letter of request issued by the County Court of Texas for a number of orders, including orders for production of documents by a resident of New South Wales and an order for his examination. 2. The summons is supported by the affidavit evidence of Robert Kleinman, attorney in practice in the United States who has had the care and conduct of the proceedings on behalf of the plaintiff. The affidavit of Mr Kleinman was sworn 29 January 2015. 3. In addition, the plaintiff relies upon the affidavit of Stephen Marcus Stern sworn 28 January 2015. Mr Stern is a partner of Corrs Chambers Westgarth and has the care and conduct of the proceedings in Australia on behalf of the plaintiff. Mr Stern's affidavit is made in support of the application pursuant to rule 52.1 of the Uniform Civil Procedure Rules 2005 and s 32 of the Evidence on Commission Act 1995 (NSW) for orders that evidence be taken on commission from three specified persons. 4. At the hearing of the application Mr Merrick of counsel who appeared on behalf of the plaintiff stated that, on his instructions he was only pressing for an examination and for production of documents from Mr Mark Cushway being one of three persons specified by Mr Kleinman in paragraph [3] of his affidavit: T 24 February 2015 at p 4:30-35.