Attorney General in and for the State of New South Wales [2015] NSWSC 1683

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales [2015] NSWSC 1683 Hearing dates: 30 October 2015 Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction: Common Law Before: Campbell J Decision: I make orders in accordance with the short minute of order signed by me dated today. I direct that the seal of the Court be affixed to the order, and the order may be entered forthwith. Catchwords: EVIDENCE ON COMMISSION – making of orders for examination at request of the District Court in the Czech Republic – where person has been examined previously Legislation Cited: Evidence on Commission Act 1995 (NSW) Category: Consequential orders (other than Costs) Parties: Attorney General in and for the State of New South Wales Representation: Counsel: G. Moore (Plaintiff) No appearance (Defendant)

Solicitors: File Number(s): 2015/306722

EX TeMPORE Judgment (REVISED) 1. This is an application under ss 32 and 33 on the Evidence on Commission Act 1995 (NSW). An application has been made under s 32(1)(a) by the District Court in the Czech Republic for the examination of a person resident here in New South Wales in relation to what is referred to in the translation as a paternity suit. 2. I am satisfied that the request has been made, and that the evidence does relate to proceedings which have in fact been instituted in the Czech Republic. The only question that arises is that the person has been examined previously. 3. There is no express power to order a second examination, but nor does there seem to be any prohibition against it, and one is familiar with rules of evidence in New South Wales where it is sometimes necessary to recall a witness to ask further questions. I am satisfied that the order should be made requiring the person to answer further questions. 4. There is also relief sought in the summons for DNA testing to be carried out, and such a matter is covered by s 33(3)(f). However, Mr Moore of counsel who appears for the Attorney-General today, does not press that form of relief, but requests that I stand that matter over for consideration on a later date, and I am prepared to accede to that application. 5. I make orders in accordance with the short minute of order signed by me dated today. I direct that the seal of the Court be affixed to the order, and the order may be entered forthwith.