Application by Securities and Exchange Commission [2020] NSWSC 1609

Application by Securities and Exchange Commission [2020] NSWSC 1609

Orders for witness examination were varied to accommodate more than one examiner and to fix a new examination schedule that complies with the deadline imposed by the US Court, with flexibility provided if the US Court extends the deadline; the Court sought to balance the interests of all parties under constraints from the foreign court’s order.

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Application / Varying Procedural Orders; Hearing on Scheduling and Conduct of Witness Examinations
Outcome
Orders varied; new dates fixed for examinations; further variations possible upon application; short minutes of order to be exchanged between parties.
Legal Topics
['orders Varying Previous Examination Orders' 'foreign Evidence' 'assistance to Foreign Court']
['civil Procedure'] ['orders Varying Previous Examination Orders' 'foreign Evidence' 'assistance to Foreign Court']

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Procedural Posture

Application / Varying Procedural Orders; Hearing on Scheduling and Conduct of Witness Examinations

Legal Issues

  1. 1 ['Whether previous orders specifying timeline and examiner for witness examinations should be varied' 'How to set dates for witness examinations to comply with orders of the United States District Court']

Ratio Decidendi

Orders for witness examination were varied to accommodate more than one examiner and to fix a new examination schedule that complies with the deadline imposed by the US Court, with flexibility provided if the US Court extends the deadline; the Court sought to balance the interests of all parties under constraints from the foreign court’s order.

Court Disposition

Orders varied; new dates fixed for examinations; further variations possible upon application; short minutes of order to be exchanged between parties.

Orders

  • ['Order 3 of the 16 October 2020 orders varied to allow more than one examiner.' 'Order 5 of the 16 October 2020 orders vacated.' 'Specific witness examination dates fixed (13-25 November 2020); alternative dates provided if US Court order extended to 10 December 2020.' 'Liberty to apply for further variation...