In the Application of her Majesty's Attorney General in and for the State of New South Wales under s 32 and s 33 of the Evidence on Commission Act 1995 (NSW); ; In the matter of a request from the Civil and Commercial Court of First Instance No 4 in Dolores, Buenos Aires, Argentina, for the taking of evidence and the production of documents from Westpac Banking Corporation [2016] NSWSC 834

Supreme Court New South Wales

Medium Neutral Citation: In the Application of her Majesty's Attorney General in and for the State of New South Wales under s 32 and s 33 of the Evidence on Commission Act 1995 (NSW); ; In the matter of a request from the Civil and Commercial Court of First Instance No 4 in Dolores, Buenos Aires, Argentina, for the taking of evidence and the production of documents from Westpac Banking Corporation [2016] NSWSC 834 Hearing dates: 20 June 2016 Date of orders: 21 June 2016 Decision date: 21 June 2016 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Unless within 14 days of service of a sealed copy of these Orders upon Westpac Banking Corporation (ACN 007 457 141) of 275 Kent Street, Sydney NSW 2000 ("Westpac"), Westpac makes application by way of Notice of Motion to set aside these Orders, leave is granted to the Plaintiff to issue a Subpoena addressed to the Proper Officer of Westpac in the form of the proposed Subpoena at Annexure "A" (as amended) to the Summons. (2) Any documents produced pursuant to the Subpoena referred to in Order 1 above be certified by a Registrar of this Court as documents produced by Westpac in these proceedings. (3) The Plaintiff be given photocopy access to the documents produced in response to the Subpoena referred to in Order 1. (4) Leave is granted to the Plaintiff to provide a copy of the documents produced in response to the Subpoena referred to in Order 1 to the Civil and Commercial Court of First Instance No. 4 in Dolores, Buenos Aires, Argentina. (5) At the time of service of these Orders, Westpac also be served with copies of: (a) the Summons; (b) the Affidavit of Paul Rankins affirmed 3 June 2016; (c) a copy of the Subpoena referred to in Order 1. Catchwords: EVIDENCE - Evidence on Commission Act 1995 (NSW) - request from Argentinian Court - ex-parte application - orders made Legislation Cited: Evidence on Commission Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Attorney-General for the State of New South Wales (Plaintiff) Representation: Counsel: Mr A Gerard (Plaintiff)