Nanoteko Pty Ltd v Nanotech Industrial Solutions Inc [2022] NSWSC 693

Nanoteko Pty Ltd v Nanotech Industrial Solutions Inc [2022] NSWSC 693

Because the United States District Court for the District of New Jersey had issued a supplemental letter of request expressly seeking orders and any subpoena or other process necessary or appropriate for Mr Pring's production of documents, the statutory requirements under ss 32 and 33 of the Evidence on Commission Act 1995 (NSW) were satisfied and the subpoena order should be made ex parte.

Jurisdiction
Australia
Judgment Date
18 May 2022
Procedural Posture
Evidence on Commission / Ex Parte Application for Leave to Issue a Subpoena to Produce Documents Under Ss 32 and 33 of the Evidence on Commission Act 1995 (nsw)
Outcome
Orders made as sought by the plaintiff ex parte.
Legal Topics
['evidence on Commission' 'request for Assistance From Foreign Court' 'subpoena to Produce Documents' 'ex Parte Application']
['evidence' 'civil Procedure'] ['evidence on Commission' 'request for Assistance From Foreign Court' 'subpoena to Produce Documents' 'ex Parte Application']

Case Brief

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Procedural Posture

Evidence on Commission / Ex Parte Application for Leave to Issue a Subpoena to Produce Documents Under Ss 32 and 33 of the Evidence on Commission Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiff to issue a subpoena to produce documents to Mr Nathan Pring in response to a supplemental request from the United States District Court for the District of New Jersey.' 'Whether the statutory prerequisites under ss 32 and 33 of the Evidence on Commission Act 1995 (NSW) were satisfied.']

Ratio Decidendi

Because the United States District Court for the District of New Jersey had issued a supplemental letter of request expressly seeking orders and any subpoena or other process necessary or appropriate for Mr Pring's production of documents, the statutory requirements under ss 32 and 33 of the Evidence on Commission Act 1995 (NSW) were satisfied and the subpoena order should be made ex parte.

Court Disposition

Orders made as sought by the plaintiff ex parte.

Orders

  • ['Leave granted to the plaintiff to issue a subpoena to produce documents addressed to Mr Nathan Pring in the form appearing at Annexure "A" to the sealed short minutes of order, made on 18 May 2022 (Subpoena to Produce Documents).' 'The matter be listed for further directions on 8 June 2022.']