[2016] NSWSC 111

Attorney General in and for the State of New South Wales

Pursuant to sections 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 that the Westpac Banking Corporation produce a statement recording the balance of the account in the name of XXXXXX XXXXXXXXXX held with the St George Bank (account number XXX XXXXXXXXXX) as at 24 June 2015. The plaintiff is granted leave to issue and serve a subpoena to produce addressed to The Proper Officer, St George – A Division of Westpac Banking Corporation, in the form annexed to the affidavit of Alison Louise Vera Bell affirmed on 18 February 2016 at Annexure C. Any documents produced pursuant to the subpoena referred to in order 2 be certified by a Registrar of this Court as documents produced by the Westpac Banking Corporation in these proceedings. Pursuant to sections 33(1) and 33(3)(b) of the Evidence on Commission Act 1995 that the Commonwealth Bank of Australia produce a statement recording the balance of the account in the name of XXXXXX XXXXXXXXXX (account number XX XXXX XXXXXXXX) as at 24 June 2015. The plaintiff is granted leave to issue and serve a subpoena to produce addressed to The Proper Officer, Commonwealth Bank of Australia in the form annexed to the affidavit of Alison Louise Vera Bell affirmed on 18 February 2016 at Annexure D. Any documents produced pursuant to the subpoena referred to in order 5 be certified by a Registrar of this Court as documents produced by the Commonwealth Bank of Australia in these proceedings. The plaintiff is granted photocopy access to any documents produced by the Westpac Banking Corporation and the Commonwealth Bank of Australia in these proceedings. At the time of service of the subpoenas issued pursuant to orders 2 and 5, the Westpac Banking Corporation and the Commonwealth Bank of Australia also be served with copies of: the summons in these proceedings; the affidavit of Alison Louise Vera Bell affirmed 18 February 2016; and the orders of the Court providing for the issue and service of the subpoenas. The time for service of the said subpoenas is abridged to close of business today and the subpoenas are returnable on 25th February 2016.

Catchwords

PROCEDURE – application to issue subpoena – request of assistance from foreign jurisdiction – abridgment of time for service and return date

Legislation cited

Evidence on Commission Act 1995 (NSW)

Judgment

[1]
This is an application under the Evidence on Commission Act 1995 (NSW), ss 32 and 33. I am satisfied on the affidavit of Alison Louise Vera Bell affirmed on 18 February 2016 that the District Court in the Czech Republic has made an application requesting assistance in obtaining evidence in proceedings before it which are currently fixed for 1 March 2016. The proceedings are a probate matter and the assistance requested is by way of production of documents under s 33(3)(b) of the Act. The application is for the issue of subpoenas to each of the two banks, being St George Bank, a division of Westpac Banking Corporation, and the Commonwealth Bank of Australia. The documents sought are simply a bank statement showing the amount held on deposit in the name of the deceased as at 24 June 2015, which I gather to be the date of death.
[2]
I am satisfied in accordance with s 33(6) that documents of that nature, on the basis of the affidavit evidence, are in the possession of each bank. Given the comparative urgency of the application I have also abridged time for service of the subpoenas. They are to be served today and are returnable on 25 February 2016. This represents a significant abridgement of the time which is normally allowed which I am satisfied is justified given the relevant urgency of the circumstances of the case.
[3]
Accordingly I make orders in accordance with the short minutes of order handed up by Mr Tynan of Counsel, signed by me and dated today. I direct that the seal of the court be affixed to the form of short minutes. They may be entered forthwith.