In the Application of the Attorney-General of NSW [2024] NSWSC 765

In the Application of the Attorney-General of NSW [2024] NSWSC 765

The Court was satisfied that the Letters Rogatory were issued on behalf of the Labour Court of Montevideo, a foreign court with relevant jurisdiction, and that the evidence sought was for proceedings already commenced before that court. The requested examination of a relevant witness before a registrar was for a legitimate purpose and the orders sought did no more than was reasonable to give effect to the request, so the Court made the orders.

Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Application for Examination of a Witness Under S 32 of the Evidence on Commission Act 1995 / Ex Tempore Judgment and Orders
Outcome
Application granted; orders made to give effect to the Letters Rogatory.
Legal Topics
['evidence on Commission' 'letters Rogatory' 'taking Evidence for Foreign Courts' 'subpoena to Give Evidence' 'comity']
['evidence' 'civil Procedure'] ['evidence on Commission' 'letters Rogatory' 'taking Evidence for Foreign Courts' 'subpoena to Give Evidence' 'comity']

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Procedural Posture

Application for Examination of a Witness Under S 32 of the Evidence on Commission Act 1995 / Ex Tempore Judgment and Orders

Legal Issues

  1. 1 ['Whether the application was made in pursuance of a request issued by or on behalf of a court or tribunal exercising jurisdiction outside New South Wales.' 'Whether the evidence sought was to be obtained for the purposes of proceedings instituted before the requesting court.' 'Whether orders should be made to give effect to the Letters Rogatory from the Labour Court of Montevideo.']

Ratio Decidendi

The Court was satisfied that the Letters Rogatory were issued on behalf of the Labour Court of Montevideo, a foreign court with relevant jurisdiction, and that the evidence sought was for proceedings already commenced before that court. The requested examination of a relevant witness before a registrar was for a legitimate purpose and the orders sought did no more than was reasonable to give effect to the request, so the Court made the orders.

Court Disposition

Application granted; orders made to give effect to the Letters Rogatory.

Orders

  • ['Order, pursuant to s 33 of the Evidence on Commission Act 1995 (NSW), that leave be granted to the plaintiff to issue and serve a subpoena to give evidence addressed to Mr Joshua Samuel Rea of Waimea Trading (ABN 84383067012) with the business address 1, 52-60 New South Head Road, Edgecliff 2027 for him to be...