Attorney General in and for the State of New South Wales [2016] NSWSC 111

Attorney General in and for the State of New South Wales [2016] NSWSC 111

I am satisfied on the affidavit evidence that the District Court in the Czech Republic has requested assistance, that the relevant documents are in possession of the banks, and that urgency justifies abridgement of service time; orders for production and subpoena are therefore warranted.

Jurisdiction
Australia
Judgment Date
22 February 2016
Procedural Posture
Application / Orders on Application Under Evidence on Commission Act 1995 (nsw)
Outcome
Orders made as sought for issue and service of subpoenas to Westpac Banking Corporation and Commonwealth Bank of Australia, with abridgement of time for service and return.
Legal Topics
['application to Issue Subpoena' 'request of Assistance From Foreign Jurisdiction' 'abridgment of Time for Service and Return Date']
['procedure'] ['application to Issue Subpoena' 'request of Assistance From Foreign Jurisdiction' 'abridgment of Time for Service and Return Date']

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Procedural Posture

Application / Orders on Application Under Evidence on Commission Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether subpoenas should be issued to Australian banks to assist foreign probate proceedings' 'Whether time for service and return of subpoenas should be abridged']

Ratio Decidendi

I am satisfied on the affidavit evidence that the District Court in the Czech Republic has requested assistance, that the relevant documents are in possession of the banks, and that urgency justifies abridgement of service time; orders for production and subpoena are therefore warranted.

Court Disposition

Orders made as sought for issue and service of subpoenas to Westpac Banking Corporation and Commonwealth Bank of Australia, with abridgement of time for service and return.

Orders

  • ['Westpac Banking Corporation to produce a statement recording the balance of the account in the name of XXXXXX XXXXXXXXXX held with the St George Bank (account number XXX XXXXXXXXXX) as at 24 June 2015.' 'Plaintiff granted leave to issue and serve a subpoena to produce addressed to The Proper Officer, St George – A...