Jonathan Paul Eyewear, Inc [2015] NSWSC 134

Jonathan Paul Eyewear, Inc [2015] NSWSC 134

The requirements of s 32(1) Evidence on Commission Act 1995 (NSW) were satisfied based on affidavit evidence and the letter of request, and leave was granted for subpoena and oral examination as requested to assist the foreign proceedings.

Jurisdiction
Australia
Judgment Date
02 March 2015
Procedural Posture
Ex Parte Application / Procedural Ruling
Outcome
Leave granted for issuance of subpoena and orders for oral examination and production of documents under s 32 Evidence on Commission Act 1995 (NSW).
Legal Topics
['evidence on Commission' 'foreign Court Proceedings' 'subpoena Issuance']
['international Judicial Assistance' 'civil Procedure'] ['evidence on Commission' 'foreign Court Proceedings' 'subpoena Issuance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Ex Parte Application / Procedural Ruling

Legal Issues

  1. 1 ['Whether leave should be granted under s 32 Evidence on Commission Act 1995 (NSW) to issue a subpoena for oral examination and production of documents for use in proceedings before a foreign court']

Ratio Decidendi

The requirements of s 32(1) Evidence on Commission Act 1995 (NSW) were satisfied based on affidavit evidence and the letter of request, and leave was granted for subpoena and oral examination as requested to assist the foreign proceedings.

Court Disposition

Leave granted for issuance of subpoena and orders for oral examination and production of documents under s 32 Evidence on Commission Act 1995 (NSW).

Orders

  • ['Leave be granted to issue a subpoena to attend to give evidence and produce addressed to Mark Cushway.' 'Sealed copy of orders be served concurrently with subpoena no later than 3 March 2015.' 'Jason Potts appointed as examiner pursuant to r 24.3 Uniform Civil Procedure Rules 2005 (NSW).' 'Plaintiff comply with r...