Citiline Concrete Pumping Pty Ltd v Chubb Insurance Australia Ltd [2022] NSWSC 1130
Leave to have Mr Paes give evidence remotely refused as the witness’s absence was known well in advance, no proper steps were taken by Chubb’s solicitors to resolve the issue, and the plaintiff is entitled to have him physically present for cross-examination on a critical issue.
- Parties
- Plaintiff/respondent: Citiline Concrete Pumping Pty Ltd; Defendant/applicant: Chubb Insurance Australia Ltd
- Jurisdiction
- Australia
- Judgment Date
- 22 August 2022
- Procedural Posture
- Procedural Ruling / Application for Leave for Remote Evidence
- Outcome
- Leave for remote evidence refused
- Legal Topics
- Audio Visual Link Evidence, Remote Witness Testimony, Cross Examination, Hearing Protocols
Case Brief
Summary, issues, holding and outcome
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Parties
Citiline Concrete Pumping Pty Ltd
Plaintiff/respondent
Chubb Insurance Australia Ltd
Defendant/applicant
Procedural Posture
Procedural Ruling / Application for Leave for Remote Evidence
Legal Issues
- 1 Whether leave should be granted for a witness for the defendant to give evidence by audio visual link from London instead of in person
Ratio Decidendi
Leave to have Mr Paes give evidence remotely refused as the witness’s absence was known well in advance, no proper steps were taken by Chubb’s solicitors to resolve the issue, and the plaintiff is entitled to have him physically present for cross-examination on a critical issue.
Court Disposition
Leave for remote evidence refused
Orders
- Leave for Mr Paes to give evidence by audio visual link from London refused
Full Case Text
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