In the matter of Mustang Marine Australia Services Pty Limited (in liquidation) [2015] NSWSC 2139

In the matter of Mustang Marine Australia Services Pty Limited (in liquidation) [2015] NSWSC 2139

The best feasible way to secure Mr Cook's evidence is via audio-visual link from Singapore given his unwillingness to travel to Sydney and the practical limitations on compelling his attendance; this arrangement is preferable in terms of economy and the Court's ability to evaluate evidence.

Parties
First Plaintiff: Mitchell Ball in his capacity as official liquidator of Mustang Marine Australia (Services) Pty Ltd (in liquidation); Second Plaintiff: Mustang Marine Australia Services Pty Ltd ACN 129 124 223; First Defendant: Standard Bank Asia Ltd; Second Defendant: Russell Watkins; Third Defendant: Martin Sheridan Lodge; Fourth Defendant: Phillip Armstrong; Fifth Defendant: Christopher Heaton; Sixth Defendant: Standard Bank PLC
Jurisdiction
Australia
Judgment Date
16 October 2015
Procedural Posture
Interlocutory Application / Interlocutory Ruling
Outcome
Application granted in part; orders for evidence by audio-visual link for specified witnesses.
Legal Topics
Evidence by Audio Visual Link, Subpoenas and Compulsory Process, Extraterritorial Enforcement, Evidence on Commission
Civil Procedure Corporations Law Evidence by Audio Visual Link Subpoenas and Compulsory Process Extraterritorial Enforcement Evidence on Commission

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Parties

Mitchell Ball in his capacity as official liquidator of Mustang Marine Australia (Services) Pty Ltd (in liquidation)

First Plaintiff

Mustang Marine Australia Services Pty Ltd ACN 129 124 223

Second Plaintiff

Standard Bank Asia Ltd

First Defendant

Russell Watkins

Second Defendant

Martin Sheridan Lodge

Third Defendant

Phillip Armstrong

Fourth Defendant

Christopher Heaton

Fifth Defendant

Standard Bank PLC

Sixth Defendant

Procedural Posture

Interlocutory Application / Interlocutory Ruling

Legal Issues

  1. 1 Whether evidence of witnesses may be given by audio-visual link from outside the jurisdiction
  2. 2 Court's power to compel attendance of witnesses outside jurisdiction
  3. 3 Preferability of taking evidence by audio-visual link versus on commission

Ratio Decidendi

The best feasible way to secure Mr Cook's evidence is via audio-visual link from Singapore given his unwillingness to travel to Sydney and the practical limitations on compelling his attendance; this arrangement is preferable in terms of economy and the Court's ability to evaluate evidence.

Court Disposition

Application granted in part; orders for evidence by audio-visual link for specified witnesses.

Orders

  • The evidence of Michael Richard Cook (including cross-examination) may be given by audio-visual link from a technology Court in Singapore.
  • The evidence of David Feld (including cross-examination) may be given by audio-visual link from London.