Davidson v Suncorp-Metway Limited (No 2) [2020] FCA 879

Davidson v Suncorp-Metway Limited (No 2) [2020] FCA 879

The applications to transfer the proceeding to Brisbane and for an in-person hearing were dismissed because transfer would cause the 2 July 2020 hearing date to be lost, there was no absolute right to an in-person hearing, the statutory conditions for an audio link hearing were satisfied on the evidence, and the matter could proceed fairly by audio link without practical injustice. Leave to rely on the handwriting expert opinion was dismissed because the proceeding was only for preliminary discovery, not determination of the merits of Mr Davidson's claims, the proposed opinion was not presently relevant, and producing it shortly before the hearing would be contrary to efficient...

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Application for Preliminary Discovery With Interlocutory Application to Transfer the Proceeding to Brisbane, Be Heard in Person, File Expert Opinion Evidence, and Determine Enforceability or Validity of Mortgages / Interlocutory Application Heard on 22 June 2020
Outcome
Paragraphs 1, 2 and 3 of the first prospective applicant's interlocutory application filed on 11 June 2020 were dismissed; paragraph 4 was listed for hearing on 2 July 2020; costs to date were awarded to the prospective respondent in any event.
Legal Topics
['transfer of Proceeding Between Registries' 'audio Link Hearing' 'in Person Hearing' 'preliminary Discovery' 'expert Opinion Evidence' 'handwriting Expert Evidence' 'costs']
['practice and Procedure' 'commercial and Corporations' 'banking, Finance and Insurance'] ['transfer of Proceeding Between Registries' 'audio Link Hearing' 'in Person Hearing' 'preliminary Discovery' 'expert Opinion Evidence' 'handwriting Expert Evidence' 'costs']

Case Brief

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Procedural Posture

Application for Preliminary Discovery With Interlocutory Application to Transfer the Proceeding to Brisbane, Be Heard in Person, File Expert Opinion Evidence, and Determine Enforceability or Validity of Mortgages / Interlocutory Application Heard on 22 June 2020

Legal Issues

  1. 1 ['Whether the proceeding should be transferred from the Western Australian registry to the Brisbane registry and heard in person' 'Whether the parties should appear by audio link for the hearing listed on 2 July 2020' 'Whether leave should be granted for Mr Davidson to file the opinion of a handwriting expert for the preliminary discovery application' 'Whether the application concerning the validity of mortgages should be determined at the interlocutory hearing or listed with the preliminary discovery application' 'Whether costs should follow the event']

Ratio Decidendi

The applications to transfer the proceeding to Brisbane and for an in-person hearing were dismissed because transfer would cause the 2 July 2020 hearing date to be lost, there was no absolute right to an in-person hearing, the statutory conditions for an audio link hearing were satisfied on the evidence, and the matter could proceed fairly by audio link without practical injustice. Leave to rely on the handwriting expert opinion was dismissed because the proceeding was only for preliminary discovery, not determination of the merits of Mr Davidson's claims, the proposed opinion was not presently relevant, and producing it shortly before the hearing would be contrary to efficient...

Court Disposition

Paragraphs 1, 2 and 3 of the first prospective applicant's interlocutory application filed on 11 June 2020 were dismissed; paragraph 4 was listed for hearing on 2 July 2020; costs to date were awarded to the prospective respondent in any event.

Orders

  • ["Paragraphs 1, 2 and 3 of the first prospective applicant's interlocutory application filed on 11 June 2020 are dismissed." "The hearing of the first prospective applicant's interlocutory application for the order set out at paragraph 4 of the application is listed to be heard on 2 July 2020 at 10.15 am AWST." "The...