Application by the Attorney-General for the State of New South Wales under the Evidence on Commission Act 1995 [2016] NSWSC 862

Supreme Court New South Wales

Medium Neutral Citation: Application by the Attorney-General for the State of New South Wales under the Evidence on Commission Act 1995 [2016] NSWSC 862 Hearing dates: 22 June 2016 Date of orders: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Common Law Before: Garling J Decision: (1) Order pursuant to s 33 of the Evidence on Commission Act 1995, that Carlos Rozo of 40/2 Francis Road Artarmon New South Wales 2064 be examined. (2) Order pursuant to s 33 of the Evidence on Commission Act 1995, that Carolina Ahumada of 40/2 Francis Road Artarmon New South Wales 2064 be examined. (3) Pursuant to Rule 24.3(2) of the Uniform Civil Procedure Rules 2005, I nominate a registrar of this Court to be the person by whom the examination referred to in orders 1 and 2 is to be conducted. (4) Order that a copy of those orders, together with the summons in these proceedings and the affidavit of Maureen Harakos filed 11 May 2016, be served upon Mr Carlos Rozo, together with a to attend and give evidence at the examination. (5) Order that a copy of these orders, the summons and the affidavit of Maureen Harakos filed 11 May 2016, be served upon Carolina Ahumada together with a subpoena to attend and give evidence at the examination. (6) Direct that the proceedings of the examination are to be transcribed and that all identifying information given by either of the witnesses during the examination, including addresses, telephone numbers or date of birth, be included in the transcript. (7) Order that, providing the appropriate cost is paid by the applicant or else waived, the transcript of the examination be provided to the plaintiff. Catchwords: PRACTICE AND PROCEDURE – civil – application for assistance in obtaining evidence for proceedings in other court – Evidence on Commission Act 1995, s 32 Legislation Cited: Hague Convention on the Taking of Evidence in Civil and Commercial Matters 1970 Evidence on Commission Act 1995 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Attorney-General in and for the State of New South Wales (P) Representation: Counsel: Ms Mahoney (P) Ex Parte