Re: consent arbitration Tooley, Lyndsay

Re: consent arbitration Tooley, Lyndsay

The administration of justice in Norfolk Island includes supervision of arbitration proceedings held pursuant to contractual clauses, and where necessary the Supreme Court may assist an arbitrator by issuing subpoenas to compel attendance of witnesses or production of documents. Because the proposed witnesses...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 October 1998
Procedural Posture
Application for Issue of Subpoenas Ad Testificandum and Subpoena Duces Tecum in Aid of a Consent Arbitration / Telephone Hearing Before the Supreme Court of Norfolk Island
Outcome
Application granted; subpoenas ordered to issue and costs made costs in the discretion of the arbitrator.
Legal Topics
['power of Supreme Court of Norfolk Island to Issue Subpoenas in Aid of Private Arbitration' 'subpoena Ad Testificandum' 'subpoena Duces Tecum' 'discretion to Issue Subpoenas' 'consent Arbitration Under Lease']
['arbitration' 'civil Procedure' 'jurisdiction'] ['power of Supreme Court of Norfolk Island to Issue Subpoenas in Aid of Private Arbitration' 'subpoena Ad Testificandum' 'subpoena Duces Tecum' 'discretion to Issue Subpoenas' 'consent Arbitration Under Lease']

Source-derived case record

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Procedural Posture

Application for Issue of Subpoenas Ad Testificandum and Subpoena Duces Tecum in Aid of a Consent Arbitration / Telephone Hearing Before the Supreme Court of Norfolk Island

Legal Issues

  1. 1 ['Whether the Supreme Court of Norfolk Island has power to direct the issue of subpoenas to compel attendance of witnesses and production of documents at an arbitration conducted by a private arbitrator appointed under an arbitration clause in a lease.' 'Whether, if the Court has jurisdiction, it should exercise its discretion to issue the requested subpoenas.']

Ratio Decidendi

The administration of justice in Norfolk Island includes supervision of arbitration proceedings held pursuant to contractual clauses, and where necessary the Supreme Court may assist an arbitrator by issuing subpoenas to compel attendance of witnesses or production of documents. Because the proposed witnesses appeared material, had not attended voluntarily, and the arbitrator lacked power to compel them, the Court should exercise its discretion to issue the subpoenas.

Court Disposition

Application granted; subpoenas ordered to issue and costs made costs in the discretion of the arbitrator.

Orders

  • ['On application by or on behalf of Martin Cross and Heather Cross the Registrar issue out of the Court a subpoena ad testificandum directed to Reg Jefferies.' 'On application by or on behalf of Martin Cross and Heather Cross the Registrar issue out of the Court a subpoena ad testificandum and/or a subpoena duces...