Attorney General in and for the State of NSW

Case •

[2015] NSWSC 651

•

27 May 2015

No judgment structure available for this case.

Supreme Court


New South Wales

Medium Neutral Citation: Attorney General in and for the State of NSW [2015] NSWSC 651
Hearing dates:27 May 2015
Date of orders: 27 May 2015
Decision date: 27 May 2015
Jurisdiction:Common Law
Before: Hamill J
Decision:

Orders made in accordance with short minutes of order provided by the Plaintiff

Catchwords: CIVIL LAW order for evidence to be taken on commission - request by Slovak Republic - no question of principle
Legislation Cited: Evidence on Commission Act 1995
Category:Procedural and other rulings
Parties: Attorney General ex parte
Representation: Solicitors:
N Hailstons Solicitor for Attorney General
File Number(s):2015/001473206

EX TEMPORE Judgment

  1. HIS HONOUR: The plaintiff, who is the Attorney General for the state of New South Wales, seeks an order under ss 32 and 33 of the Evidence on Commission Act 1995. It does so by summons filed 18 May which is supported by the affidavit of Joanne Mooney filed on the same date. The affidavit has annexed to it a variety of documents which establish that there has been a request by the government of the Slovak Republic and particularly the Kosice District Court for certain evidence to be taken in the manner requested. That satisfies the provisions of s 32(1)(a) of the Act.

  2. The evidence of Ms Mooney also establishes that proceedings have been commenced in that country, they being proceedings relating to what will be argued to be over payments of the equivalent of maintenance to a child, the child having left that jurisdiction without telling the person who can, at least in this jurisdiction, be described as the plaintiff.

  3. The affidavit also annexes a series of questions which on their face appear to indicate with particularity the kind of evidence that is being sought and appear to be relevant to the nature of the proceedings that have been brought in the Slovak Republic. I note in passing that question D which commences with the words “Please describe your personal situation” may be a little on the broad side but what follows indicates what is really being sought which is the witness’s income and so forth.

  4. I am satisfied that the orders that should be made and accordingly I make orders in accordance with the short minutes of order provided by the plaintiff.

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Decision last updated: 28 May 2015

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