New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 80A.37

80A.37 Default in relation to an examination

(1) When a person is summoned under an Examination Summons and the examination is, or is to be, held before the Court constituted by a registrar, and that person (in this rule referred to as the person in default)--

(a) fails to attend as required by the Examination Summons,

(b) fails to attend from day to day until the conclusion of the examination,

(c) refuses or fails to take an oath or make an affirmation,

(d) refuses or fails to answer a question that the Court directs him or her to answer,

(e) refuses or fails to produce books that the Examination Summons requires him or her to produce, or

(f) fails to comply with a requirement by the court to sign a written record of the examination,

and if, in the case of a failure or refusal referred to in paragraphs (a), (b), (c), (d) or (e), it does not appear to the registrar that there was any reasonable excuse, the registrar must, on the request of any person entitled to take part in the examination, give to that person a signed certificate of the failure or refusal.

(2) On application by a person to whom such a certificate has been given, the Court, if satisfied that there has been a contravention of section 597 (6), (7) or (13), may order the person in default to do the relevant act and to pay any costs occasioned by the failure or refusal.

(3) On an application under subrule (2), a signed certificate given under subrule (1) constitutes evidence of the matters certified.