Nanotech Industrial Solutions Inc v Nanoteko Pty Ltd [2020] NSWSC 1285

Nanotech Industrial Solutions Inc v Nanoteko Pty Ltd [2020] NSWSC 1285

The Court granted the application because there were letters of request from the New Jersey Court, the evidence sought from Jim Ellison and Max Rudman was for use in the US proceedings, and those proceedings were civil rather than criminal; accordingly the statutory criteria under the Evidence on Commission Act 1995...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Ex Parte Application for Evidence on Commission and Subpoenas for Use in Foreign Civil Proceedings / On the Papers; Reasons for Orders Made on 3 September 2020
Outcome
Application granted; orders made for subpoenas, examination, appointment of examiner, access to produced documents, confidentiality restrictions, and relisting.
Legal Topics
['evidence on Commission' 'letters of Request' 'foreign Civil Proceedings' 'subpoenas to Give Evidence and Produce Documents' 'appointment of Examiner' 'confidential Documents']
['evidence' 'civil Procedure'] ['evidence on Commission' 'letters of Request' 'foreign Civil Proceedings' 'subpoenas to Give Evidence and Produce Documents' 'appointment of Examiner' 'confidential Documents']

Source-derived case record

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Ex Parte Application for Evidence on Commission and Subpoenas for Use in Foreign Civil Proceedings / On the Papers; Reasons for Orders Made on 3 September 2020

Legal Issues

  1. 1 ['Whether the application was made pursuant to letters of request issued outside New South Wales within the meaning of s 32(1)(a) of the Evidence on Commission Act 1995 (NSW).' 'Whether the evidence sought was to be obtained for the purposes of proceedings instituted outside New South Wales within the meaning of s 32(1)(b) of the Evidence on Commission Act 1995 (NSW).' 'Whether the proceedings outside New South Wales were civil, not criminal, in nature within the meaning of s 32(2) of the Evidence on Commission Act 1995 (NSW).' 'Whether leave should be granted to issue subpoenas to Jim Ellison and Max Rudman, appoint an examiner, and permit oral examination for use in the US proceedings.']

Ratio Decidendi

The Court granted the application because there were letters of request from the New Jersey Court, the evidence sought from Jim Ellison and Max Rudman was for use in the US proceedings, and those proceedings were civil rather than criminal; accordingly the statutory criteria under the Evidence on Commission Act 1995 (NSW) were satisfied and orders for subpoenas, appointment of an examiner, examination and related confidentiality arrangements were appropriate.

Court Disposition

Application granted; orders made for subpoenas, examination, appointment of examiner, access to produced documents, confidentiality restrictions, and relisting.

Orders

  • ['Leave be granted to the plaintiff to issue Subpoenas to Give Evidence and Produce addressed to Jim Ellison and Max Rudman in the form annexed to the Summons.' 'A sealed copy of these orders be served on the witnesses concurrently with service of the Subpoena to Attend to Give Evidence and Produce no later than 30...