Application by the Attorney-General in and for the State of NSW in the Estate of Raimon Gruss

[2016] NSWSC 1267

Supreme Court

New South Wales

Medium Neutral Citation:

Application by the Attorney-General in and for the State of NSW in the Estate of Raimon Gruss [2016] NSWSC 1267

Hearing dates:

06 September 2016

Date of orders:

06 September 2016

Decision date:

06 September 2016

Jurisdiction:

Common Law

Before:

Wilson J

Decision:

(1) Pursuant to ss 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 (NSW), I order that Citigroup Pty Ltd produce account statements for each account held by Raimon Gruss with Citigroup Pty Ltd showing the balance of each account as at 12 February 2012 and 31 March 2015.

 

(2) The plaintiff has leave to issue and serve a subpoena to produce addressed to the Proper Officer, Citigroup Pty Ltd substantially in the form annexed to the affidavit of Ms O’Connor (the affidavit to which I have already referred) at annexure I of the affidavit.

 

(3) At the time of service of the subpoena issued pursuant to these orders Citigroup Pty Ltd is also to be provided with copies of the summons filed on 25 August 2016, a copy of the affidavit of Rosa O’Connor of 25 August 2016 and a copy of these orders.

 (4) Following answer of the subpoena by Citigroup Pty Limited the Registrar of this Court is to issue a certificate in the form annexed to the affidavit of Ms O’Connor of 25 August 2016 as annexure J.

Catchwords:

EVIDENCE ON COMMISSION - s 32 of the Evidence on Commission Act 1995 (NSW) – ex-parte application

Legislation Cited:

Evidence on Commission Act 1995 (NSW)

Category:

Procedural and other rulings

Parties:

Attorney General of NSW (Plaintiff) (Ex Parte)

Representation:

Mr K A Gerard (Plaintiff)

File Number(s):

2016/256505

Publication restriction:

None

EX TEMPORE Judgment

1. By summons filed in the Registry of this Court on 25 August 2016, the Attorney-General in and for the State of New South Wales seeks orders pursuant to ss 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 (NSW) that Citigroup Pty Ltd (“Citibank”) produce account statements for accounts held by a Mr Raimon Gruss with that institution, together with ancillary orders.

2. Read and relied upon in support of the summons is an affidavit of Rosa O’Connor of 25 August 2016. In her affidavit Ms O’Connor outlines receipt of a request from the Local Court of Bamberg in Germany that such orders be obtained to facilitate the conduct of civil proceedings which are before the Local Court at Bamberg. A copy of the letter of request translated from the German language into English is before the Court and that letter makes it clear that civil proceedings have been commenced in the Local Court at Bamberg in a probate case relevant to Mr Gruss, a gentleman who died in Germany between late March 2015 and early April 2015 at an address in Germany.

3. Mr Gruss has left an estate which it is necessary to ascertain the extent of and it is in furtherance of the resolution and distribution of his estate and the grant of probate case that applies to that, that this request is made to the Court. Citibank is understood to hold relevant information as to assets from Mr Gruss and the request is directed to obtaining that information to facilitate the proceedings in Germany.

4. The application is made pursuant to s 32 of the Evidence on Commission Act. Section 32 provides that an application may be made to this Court for assistance in obtaining evidence for proceedings in other courts. The Court must consider a number of things and be satisfied that the application is made in pursuance of a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside the State and that the evidence to which the application relates is to be obtained for the purposes of proceedings which either have been instituted before the requesting court or whose institution before the court is contemplated. The letter of request makes it clear that each of those things are satisfied and accordingly, the Court has power to give effect to the application for assistance.

5. Section 33(3)(b) provides that the court has power to make provision for the production of documents and it is that which is specifically sought in this case, they being documents to which I have already referred relevant to accounts held or potentially held by Mr Gruss in this State.

6. Having considered the contents of Ms O’Connor’s affidavit together with the material she has produced, including the letter of request from the Local Court in Bamberg, I am satisfied that it is appropriate to make the orders that the Attorney-General seeks.

ORDERS

7. Accordingly, I propose to make the orders as set out in the draft short minutes of order, being as follows:

1. Pursuant to ss 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 (NSW), I order that Citigroup Pty Ltd produce account statements for each account held by Raimon Gruss with Citigroup Pty Ltd showing the balance of each account as at 12 February 2012 and 31 March 2015.

2. The plaintiff has leave to issue and serve a subpoena to produce addressed to the Proper Officer, Citigroup Pty Ltd substantially in the form annexed to the affidavit of Ms O’Connor (the affidavit to which I have already referred) at annexure I of the affidavit.

3. At the time of service of the subpoena issued pursuant to these orders Citigroup Pty Ltd is also to be provided with copies of the summons filed on 25 August 2016, a copy of the affidavit of Rosa O’Connor of 25 August 2016 and a copy of these orders.

4. Following answer of the subpoena by Citigroup Pty Limited the Registrar of this Court is to issue a certificate in the form annexed to the affidavit of Ms O’Connor of 25 August 2016 as annexure J.

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Decision last updated: 12 September 2016