Xia & Anor v Santah Pty Ltd & Anor [2003] NSWSC 807

Xia & Anor v Santah Pty Ltd & Anor [2003] NSWSC 807

Leave to adduce the witnesses' evidence by audio link was refused because credit was central, the Court would have no practical means of assessing the witnesses' demeanour or credibility where the evidence would probably be mediated through an interpreter and only by audio, the witnesses were not central witnesses and concerned relatively minor incidents, and the Defendants would suffer undue prejudice.

Jurisdiction
Australia
Judgment Date
01 September 2003
Procedural Posture
Proceedings for Wrongful Interference With the Plaintiffs' Business / Plaintiffs' Application for Leave to Adduce Evidence of Two Witnesses by Audio Link
Outcome
Application refused.
Legal Topics
['audio Link Evidence' 'witness Credibility' 'cross Examination' 'interpreter Evidence' 'undue Prejudice']
['evidence' 'civil Procedure'] ['audio Link Evidence' 'witness Credibility' 'cross Examination' 'interpreter Evidence' 'undue Prejudice']

Case Brief

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Procedural Posture

Proceedings for Wrongful Interference With the Plaintiffs' Business / Plaintiffs' Application for Leave to Adduce Evidence of Two Witnesses by Audio Link

Legal Issues

  1. 1 ['Whether the Plaintiffs should be granted leave to adduce evidence of two witnesses in China by audio link.' 'Whether audio link evidence, likely given through an interpreter, would allow the Court to assess witness demeanour and credibility where credit was a central issue.' 'Whether allowing the evidence by audio link would cause undue prejudice to the Defendants.']

Ratio Decidendi

Leave to adduce the witnesses' evidence by audio link was refused because credit was central, the Court would have no practical means of assessing the witnesses' demeanour or credibility where the evidence would probably be mediated through an interpreter and only by audio, the witnesses were not central witnesses and concerned relatively minor incidents, and the Defendants would suffer undue prejudice.

Court Disposition

Application refused.

Orders

  • ["The Plaintiffs' application for leave to adduce evidence of two witnesses by audio link is refused." 'Costs of the motion will be costs in the cause.']