Application by 24/7 Customer, Inc (No 2)

The case of Application by 24/7 Customer, Inc (No 2) involved the company 24/7 Customer, Inc, which sought to enforce a subpoena against a short-service employee, previously employed by the company, to compel the production of documents. The matter was heard in the Supreme Court of New South Wales. The company sought to enforce the subpoena under the Evidence on Commission Act 1995 (NSW), as the employee had left the country and was unavailable to be served personally with the subpoena. The primary issue for the court was whether the short service of the subpoena by leaving it at the employee's last known address was valid, and if the enforcement of the subpoena was justified under the circumstances.

The court considered the statutory framework and relevant case law to determine the validity of the short service of the subpoena. It was established that under the Evidence on Commission Act 1995 (NSW), short service of a subpoena was permissible in certain situations, including when the person to be served is outside Australia. The court found that the company had taken reasonable steps to ensure the employee was aware of the subpoena, including leaving it at the employee's last known address and sending correspondence by email. Given the employee's unavailability, the court held that the short service was appropriate and valid.

Consequently, the court granted the company's application, enforcing the subpoena and directing the employee to produce the requested documents. The court emphasised the importance of ensuring that the subpoena was served in a manner that was both reasonable and effective, given the employee's unavailability. The decision underscores the application of the Evidence on Commission Act 1995 (NSW) in enforcing subpoenas on persons outside Australia, and the need for parties to take reasonable steps to ensure compliance with legal obligations.