Application by the Attorney-General in and for the State of NSW in the Estate of Raimon Gruss [2016] NSWSC 1267

Application by the Attorney-General in and for the State of NSW in the Estate of Raimon Gruss [2016] NSWSC 1267

The requirements in ss 32 and 33(3)(b) of the Evidence on Commission Act 1995 (NSW) were met by the evidence and the letter of request from the Local Court of Bamberg; thus, the orders for production were granted to assist foreign probate proceedings.

Jurisdiction
Australia
Judgment Date
06 September 2016
Procedural Posture
Ex Parte Application / Interlocutory Ruling
Outcome
Application granted; orders made as sought by the plaintiff.
Legal Topics
['evidence on Commission' 'international Judicial Assistance' 'probate']
['evidence'] ['evidence on Commission' 'international Judicial Assistance' 'probate']

Case Brief

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Procedural Posture

Ex Parte Application / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether the Court should grant assistance under s 32 and s 33(3)(b) of the Evidence on Commission Act 1995 (NSW) by ordering production of documents for foreign probate proceedings.']

Ratio Decidendi

The requirements in ss 32 and 33(3)(b) of the Evidence on Commission Act 1995 (NSW) were met by the evidence and the letter of request from the Local Court of Bamberg; thus, the orders for production were granted to assist foreign probate proceedings.

Court Disposition

Application granted; orders made as sought by the plaintiff.

Orders

  • ['Citigroup Pty Ltd to produce account statements for each account held by Raimon Gruss, showing balances as at 12 February 2012 and 31 March 2015.' 'Plaintiff has leave to issue and serve a subpoena to produce addressed to Citigroup Pty Ltd in the specified form.' 'Citigroup Pty Ltd to be provided with specified...