Application of Irwin Seating Company under the Evidence on Commission Act 1995 (NSW) [2018] NSWSC 918

Application of Irwin Seating Company under the Evidence on Commission Act 1995 (NSW) [2018] NSWSC 918

The Court was satisfied that the application was made in pursuance of an extant letter of request from the US District Court, that the evidence requested was material to foreign civil proceedings, statutory requirements were met, and the applicant's solicitor had standing. Orders were made for the examination and production of documents by Peter Cooper but subject to extension of time for discovery by the US Court.

Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Ex Parte Application Under Evidence on Commission Act 1995 (nsw) / Initial Hearing and Determination of Orders
Outcome
Orders granted (conditional on extension of US discovery period)
Legal Topics
['taking of Evidence for Foreign Proceedings' 'examination of Witnesses' 'production of Documents' 'hague Convention Compliance']
['evidence' 'international Judicial Assistance' 'civil Procedure'] ['taking of Evidence for Foreign Proceedings' 'examination of Witnesses' 'production of Documents' 'hague Convention Compliance']

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Procedural Posture

Ex Parte Application Under Evidence on Commission Act 1995 (nsw) / Initial Hearing and Determination of Orders

Legal Issues

  1. 1 ['Whether the statutory requirements for orders under s 33 Evidence on Commission Act 1995 (NSW) are satisfied' 'Whether the making of orders is futile given expiration of discovery period in US proceedings' "Whether the applicant's solicitor has standing to bring the application"]

Ratio Decidendi

The Court was satisfied that the application was made in pursuance of an extant letter of request from the US District Court, that the evidence requested was material to foreign civil proceedings, statutory requirements were met, and the applicant's solicitor had standing. Orders were made for the examination and production of documents by Peter Cooper but subject to extension of time for discovery by the US Court.

Court Disposition

Orders granted (conditional on extension of US discovery period)

Orders

  • ['Peter Cooper to be examined orally about specified matters.' 'Peter Cooper to produce specified documents at examination.' "Recording and transcript to be made at plaintiff's expense." 'Plaintiff has leave to make video recording of examination.' 'Plaintiff, Camatic Pty Ltd and Camatic Seating Inc. may participate...