Australian Competition and Consumer Commission v ACM Group Limited (No 1) [2017] FCA 799

Australian Competition and Consumer Commission v ACM Group Limited (No 1) [2017] FCA 799

Leave was granted for Mr Clarke to give evidence by video link because the applicants consented in principle and appropriate conditions could address practical issues. Leave was refused for Mr Francisco because his evidence was central to the applicants' case concerning JR, his credit was in issue, in-court cross-examination on documents was desirable, and ACM gave no explanation for the delay in arranging his passport and visa despite the hearing date and notice of cross-examination.

Jurisdiction
Australia
Judgment Date
14 July 2017
Procedural Posture
Practice and Procedure Application for Leave to Permit Evidence to Be Given by Video Link From Overseas / Heard on the Papers
Outcome
Leave granted for Mr Ryan Clarke to give evidence by video link on conditions; leave refused for Mr Rolf Francisco; respondent to pay the applicants' costs pertaining to the unsuccessful request concerning Mr Francisco.
Legal Topics
['video Link Evidence From Overseas' 'cross Examination' 'witness Credit' 'misleading or Deceptive Conduct' 'undue Harassment or Coercion' 'unconscionable Conduct']
['practice and Procedure' 'evidence' 'consumer Protection'] ['video Link Evidence From Overseas' 'cross Examination' 'witness Credit' 'misleading or Deceptive Conduct' 'undue Harassment or Coercion' 'unconscionable Conduct']

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Procedural Posture

Practice and Procedure Application for Leave to Permit Evidence to Be Given by Video Link From Overseas / Heard on the Papers

Legal Issues

  1. 1 ['Whether leave should be granted under s 47A of the Federal Court of Australia Act 1976 (Cth) for Mr Ryan Clarke to give evidence by video link from Manilla, Philippines.' 'Whether leave should be granted under s 47A of the Federal Court of Australia Act 1976 (Cth) for Mr Rolf Francisco to give evidence by video link from Manilla, Philippines where his credit and central evidence were in issue.']

Ratio Decidendi

Leave was granted for Mr Clarke to give evidence by video link because the applicants consented in principle and appropriate conditions could address practical issues. Leave was refused for Mr Francisco because his evidence was central to the applicants' case concerning JR, his credit was in issue, in-court cross-examination on documents was desirable, and ACM gave no explanation for the delay in arranging his passport and visa despite the hearing date and notice of cross-examination.

Court Disposition

Leave granted for Mr Ryan Clarke to give evidence by video link on conditions; leave refused for Mr Rolf Francisco; respondent to pay the applicants' costs pertaining to the unsuccessful request concerning Mr Francisco.

Orders

  • ['Leave is granted for Mr Ryan Clarke to give evidence during the course of the proceeding by video link from Manilla, Philippines on conditions.' 'ACM is responsible for arranging the necessary video link and for paying the costs of the video link.' "ACM must confirm that the quality of transmission of the service...