Application by 24/7 Customer, Inc [2017] NSWSC 1609

Application by 24/7 Customer, Inc [2017] NSWSC 1609

The Court was satisfied that the United States District Court request was in evidence, identified pending United States proceedings and the evidence sought, and sought oral testimony from Ms Parkin under oath or affirmation. The proposed orders appropriately provided for obtaining the evidence in New South Wales, involved steps that could be required for proceedings in the Supreme Court, made provision for conduct money, and satisfied r 52.1 because Mr Pagent was identified for return of the executed request and brought the proceedings on the Company's behalf. The Court therefore gave effect to the United States Court's request.

Jurisdiction
Australia
Judgment Date
23 November 2017
Procedural Posture
Ex Parte Application Under the Evidence on Commission Act 1995 (nsw) for Assistance in Obtaining Evidence for Proceedings in a Foreign Court / Summons Filed on 2 November 2017; Orders Made on 23 November 2017
Outcome
Orders made.
Legal Topics
['evidence on Commission' 'request From Foreign Court' 'ex Parte Application' 'examination of Witness in New South Wales for United States Proceedings']
['evidence' 'civil Procedure' 'international Judicial Assistance'] ['evidence on Commission' 'request From Foreign Court' 'ex Parte Application' 'examination of Witness in New South Wales for United States Proceedings']

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Procedural Posture

Ex Parte Application Under the Evidence on Commission Act 1995 (nsw) for Assistance in Obtaining Evidence for Proceedings in a Foreign Court / Summons Filed on 2 November 2017; Orders Made on 23 November 2017

Legal Issues

  1. 1 ['Whether the application was made in pursuance of a request issued by or on behalf of a court exercising jurisdiction outside New South Wales.' 'Whether the evidence sought from Ms Elizabeth Ann Parkin was to be obtained for the purposes of proceedings instituted before the requesting court.' 'Whether the orders sought made appropriate provision for obtaining evidence in New South Wales and involved steps that could be required for proceedings in the Supreme Court.' 'Whether the procedural requirements in Part 52 of the Uniform Civil Procedure Rules 2005 (NSW) were satisfied.']

Ratio Decidendi

The Court was satisfied that the United States District Court request was in evidence, identified pending United States proceedings and the evidence sought, and sought oral testimony from Ms Parkin under oath or affirmation. The proposed orders appropriately provided for obtaining the evidence in New South Wales, involved steps that could be required for proceedings in the Supreme Court, made provision for conduct money, and satisfied r 52.1 because Mr Pagent was identified for return of the executed request and brought the proceedings on the Company's behalf. The Court therefore gave effect to the United States Court's request.

Court Disposition

Orders made.

Orders

  • ['Pursuant to ss 32(1) and 33(1) and (3)(a) of the Evidence on Commission Act 1995 (NSW), evidence be obtained in New South Wales from Ms Elizabeth Ann Parkin in pursuance of the request issued by the United States District Court for the Northern District of California dated 31 October 2017 for use in proceedings...