NSW CRIME COMMISSION v NGUYEN & ORS [2002] NSWSC 266

NSW CRIME COMMISSION v NGUYEN & ORS [2002] NSWSC 266

The Court determined, given the finely balanced circumstances, to grant leave for the affidavits to be read without the attendance of the deponents, emphasising the importance of ensuring that applicants are not unjustly silenced regarding matters affecting their property, and reserving consideration of video link arrangements for cross-examination and corresponding costs for future determination.

Parties
Plaintiff/respondent: New South Wales Crime Commission; First Defendant/applicant: Thi Kim Loan Nguyen; Second Defendant/applicant: Thanh Van Nguyen; Third Defendant/applicant: Quang Dan Nguyen
Jurisdiction
Australia
Judgment Date
21 March 2002
Procedural Posture
Civil / Interlocutory Application Concerning Evidence and Adjournment
Outcome
Matter stood over to the holding list; liberty to apply on three days' notice; costs in the cause.
Legal Topics
Admission of Affidavit Evidence, Cross Examination, Video Link Evidence, Costs
Civil Procedure Admission of Affidavit Evidence Cross Examination Video Link Evidence Costs

Case Brief

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Parties

New South Wales Crime Commission

Plaintiff/respondent

Thi Kim Loan Nguyen

First Defendant/applicant

Thanh Van Nguyen

Second Defendant/applicant

Quang Dan Nguyen

Third Defendant/applicant

Procedural Posture

Civil / Interlocutory Application Concerning Evidence and Adjournment

Legal Issues

  1. 1 Whether leave should be granted to read affidavits without the attendance of the deponents for cross-examination
  2. 2 Who should bear the costs for arranging cross-examination of witnesses not present
  3. 3 Whether evidence by video link should be used as an alternative to personal attendance

Ratio Decidendi

The Court determined, given the finely balanced circumstances, to grant leave for the affidavits to be read without the attendance of the deponents, emphasising the importance of ensuring that applicants are not unjustly silenced regarding matters affecting their property, and reserving consideration of video link arrangements for cross-examination and corresponding costs for future determination.

Court Disposition

Matter stood over to the holding list; liberty to apply on three days' notice; costs in the cause.

Orders

  • Matter stood over to the holding list
  • Liberty to apply on three days' notice for any interlocutory or procedural orders