The Court granted an ex parte application by the Attorney General of NSW under s 33 of the Evidence on Commission Act 1995 (NSW) to examine a witness in NSW pursuant to a letter of request from a Spanish commercial court issued under the Hague Evidence Convention. The Court confirmed that under UCPR r 52.1(2) no person is required to be joined as a defendant in such proceedings, but noted the witness retains the right to object to questions at the examination or after service of the summons and subpoena. The Court exercised its discretion to limit the scope of the examination to the three specific questions identified in the letter of request.
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