Attorney General in and for the State of New South Wales [2016] NSWSC 111

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales [2016] NSWSC 111 Hearing dates: 22 February 2016 Date of orders: 22 February 2016 Decision date: 22 February 2016 Jurisdiction: Common Law Before: Campbell J Decision: Pursuant to sections 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 that the Westpac Banking Corporation produce a statement recording the balance of the account in the name of XXXXXX XXXXXXXXXX held with the St George Bank (account number XXX XXXXXXXXXX) as at 24 June 2015. The plaintiff is granted leave to issue and serve a subpoena to produce addressed to The Proper Officer, St George – A Division of Westpac Banking Corporation, in the form annexed to the affidavit of Alison Louise Vera Bell affirmed on 18 February 2016 at Annexure C. Any documents produced pursuant to the subpoena referred to in order 2 be certified by a Registrar of this Court as documents produced by the Westpac Banking Corporation in these proceedings. Pursuant to sections 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 that the Commonwealth Bank of Australia produce a statement recording the balance of the account in the name of XXXXXX XXXXXXXXXX (account number XX XXXX XXXXXXXX) as at 24 June 2015. The plaintiff is granted leave to issue and serve a subpoena to produce addressed to The Proper Officer, Commonwealth Bank of Australia in the form annexed to the affidavit of Alison Louise Vera Bell affirmed on 18 February 2016 at Annexure D. Any documents produced pursuant to the subpoena referred to in order 5 be certified by a Registrar of this Court as documents produced by the Commonwealth Bank of Australia in these proceedings. The plaintiff is granted photocopy access to any documents produced by the Westpac Banking Corporation and the Commonwealth Bank of Australia in these proceedings. At the time of service of the subpoenas issued pursuant to orders 2 and 5, the Westpac Banking Corporation and the Commonwealth Bank of Australia also be served with copies of: the summons in these proceedings; the affidavit of Alison Louise Vera Bell affirmed 18 February 2016; and the orders of the Court providing for the issue and service of the subpoenas. The time for service of the said subpoenas is abridged to close of business today and the subpoenas are returnable on 25th February 2016. Catchwords: PROCEDURE – application to issue subpoena – request of assistance from foreign jurisdiction – abridgment of time for service and return date Legislation Cited: Evidence on Commission Act 1995 (NSW) Category: Consequential orders (other than Costs) Parties: Attorney General (New South Wales) (Plaintiff); Representation: Counsel: D Tynan (plaintiff)