Stemcor (A/Asia) Pty Ltd v CV Scheepvartonderneming Ankergracht [2004] FCA 1715

Stemcor (A/Asia) Pty Ltd v CV Scheepvartonderneming Ankergracht [2004] FCA 1715

The Court refused to order that Japanese authorities be approached to administer interrogatories because the overseas evidence issue was for the trial judge and the parties should take their own advice about any pre-trial or trial steps; the Court instead made trial preparation orders and granted liberty to approach Emmett J's associate to list any notice of motion dealing with evidence, particularly overseas evidence.

Jurisdiction
Australia
Judgment Date
21 December 2004
Procedural Posture
Federal Court Proceedings Concerning Carriage of Steel Coils in Three Shipments From Japan to Australia / Pre Trial Directions Concerning Overseas Witnesses and Trial Preparation
Outcome
Order for Japanese authorities to administer interrogatories refused; trial preparation directions made with liberty to apply concerning evidence, particularly overseas evidence.
Legal Topics
['amended Hague Visby Rules' 'overseas Witnesses' 'evidence on Commission or Video Link Cross Examination' 'written Questions to Witnesses in Japan' 'evidence Act 1995 (cth) S 63' 'evidence Act 1995 (cth) S 135' 'trial Preparation Court Book']
['maritime Law' 'evidence' 'civil Procedure'] ['amended Hague Visby Rules' 'overseas Witnesses' 'evidence on Commission or Video Link Cross Examination' 'written Questions to Witnesses in Japan' 'evidence Act 1995 (cth) S 63' 'evidence Act 1995 (cth) S 135' 'trial Preparation Court Book']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Federal Court Proceedings Concerning Carriage of Steel Coils in Three Shipments From Japan to Australia / Pre Trial Directions Concerning Overseas Witnesses and Trial Preparation

Legal Issues

  1. 1 ['Whether the Court should order that Japanese authorities be approached to administer written questions or interrogatories to two witnesses residing in Japan.' 'Whether issues concerning overseas evidence should be determined by the trial judge rather than by pre-trial order at this stage.' 'What trial preparation directions should be made before the listed hearing.']

Ratio Decidendi

The Court refused to order that Japanese authorities be approached to administer interrogatories because the overseas evidence issue was for the trial judge and the parties should take their own advice about any pre-trial or trial steps; the Court instead made trial preparation orders and granted liberty to approach Emmett J's associate to list any notice of motion dealing with evidence, particularly overseas evidence.

Court Disposition

Order for Japanese authorities to administer interrogatories refused; trial preparation directions made with liberty to apply concerning evidence, particularly overseas evidence.

Orders

  • ['After consultation with the solicitors for the defendants, the solicitors for the plaintiffs are to file and serve on or before 18 March 2005 a comprehensive court book containing an index, all up-to-date pleadings, an agreed statement of legal and factual issues, and the affidavits and statements to be relied on...