53Power of Supreme Court to give effect to application

53 Power of Supreme Court to give effect to application (1) The Supreme Court has power on any such application as is mentioned in section 52(1) to make by order such provision for obtaining evidence in the Territory as may appear to the Supreme Court to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made. (2) An order under this section may require a specified person to take such steps as the Supreme Court may consider appropriate for that purpose. (3) Without limiting the generality of subsections (1) and (2), an order under this section may in particular make provision for: (a) the examination of witnesses, either orally or in writing; and (b) the production of documents; and (c) the inspection, photographing, preservation, custody or detention of any property, the taking of samples of any property, and the carrying out of any experiments on or with any property (property including in this paragraph any land, chattel or other corporeal property of any description); and (d) the medical examination of any person; and (e) without limiting paragraph (d), the taking and testing of samples of blood from any person. (4) An order under this section shall not require any particular steps to be taken unless they are steps which can be required to be taken Evidence Act 1939 37 by way of obtaining evidence for the purposes of proceedings in the Supreme Court (whether or not proceedings of the same description as those to which the application for the order relates). (5) Subsection (4) does not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath, where this is asked for by the court or tribunal pursuant to whose request the application for the order was made. (6) An order under this section shall not require a person: (a) to state what documents relevant to the proceedings to which the application for the order relates are or have been in his or her possession, custody or power; or (b) to produce any documents other than particular documents specified in the order and appearing to the Supreme Court to be, or to be likely to be, in his or her possession, custody or power. (7) If an order under this section requires a person to attend at a place: (a) section 194 of the Evidence (NUL) Act applies as if the order were a summons to attend; and (b) the person is entitled to payment for other expenses and loss of time on attendance as a witness in a proceeding before the Supreme Court.