AURECON AUSTRALASIA PTY LTD v BMD CONSTRUCTIONS PTY LTD

52 VR 267·Croft J
52 VR 267
52 VR 267
AURECON AUSTRALASIA PTY LTD v BMD CONSTRUCTIONS PTY LTD Supreme Court of VictoriaCroft J 30 June 2017[2017] VSC 382ArbitrationSubpoenaDomestic arbitrationApplication for subpoena to non-party to attend for examination before an arbitral tribunalWhether reasonable grounds required for the issue of subpoenaCommercial Arbitration Act 2011 (Vic), ss 27, 27A.

The applicant applied pursuant to s 27A of the Commercial Arbitration Act 2011 (Vic) (the Act) for the issue of a subpoena to its former employee to attend an examination before an arbitral tribunal for the purpose of an arbitration between the applicant and the respondent. Section 27A(1) provided that the Court might, on the application of any party, and subject to and in accordance with rules of court, issue a subpoena for specified purposes and on the terms of the section. Section 27(1) provided that an arbitral tribunal or a party with its approval might request from the Court assistance in taking evidence.

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