HCEC v Browne [2024] NSWSC 465

HCEC v Browne [2024] NSWSC 465

Because the defendants did not oppose the order, there was no suggested prejudice, the Court was satisfied of the s 5B requirements other than needing assurance about overseas and interstate facilities, and the plaintiff's solicitor undertook to complete the necessary arrangements and testing before the hearing, the evidence of the two witnesses may be taken by audio visual link.

Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Civil Law Procedural Ruling / Application for Orders Under S 5 B of the Evidence (audio and Audio Visual Links) Act 1998 (nsw) for Witnesses to Give Evidence by Audio Visual Link
Outcome
Application granted; orders made permitting the evidence of Anneliese Wild and Amelia Formby to be taken by audio visual link, with an undertaking from the plaintiff's solicitor regarding arrangements and testing.
Legal Topics
['audio Visual Link Evidence' 'witness Evidence' 'undertaking by Solicitor']
['civil Law' 'evidence' 'procedure'] ['audio Visual Link Evidence' 'witness Evidence' 'undertaking by Solicitor']

Case Brief

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Procedural Posture

Civil Law Procedural Ruling / Application for Orders Under S 5 B of the Evidence (audio and Audio Visual Links) Act 1998 (nsw) for Witnesses to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether the evidence of Anneliese Wild and Amelia Formby may be taken by audio visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).' 'Whether the necessary facilities are available or can reasonably be made available for witnesses in Western Australia and Switzerland.']

Ratio Decidendi

Because the defendants did not oppose the order, there was no suggested prejudice, the Court was satisfied of the s 5B requirements other than needing assurance about overseas and interstate facilities, and the plaintiff's solicitor undertook to complete the necessary arrangements and testing before the hearing, the evidence of the two witnesses may be taken by audio visual link.

Court Disposition

Application granted; orders made permitting the evidence of Anneliese Wild and Amelia Formby to be taken by audio visual link, with an undertaking from the plaintiff's solicitor regarding arrangements and testing.

Orders

  • ['Pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), the evidence of Anneliese Wild and Amelia Formby may be taken by audio visual link.' 'Solicitor for the plaintiff to give an undertaking that by the time of the hearing the necessary arrangements and testing will have been completed to...