AJ Lucas Operations Pty Ltd v CPW Trailer Sales & Repairs Pty Ltd [2016] NSWSC 271

AJ Lucas Operations Pty Ltd v CPW Trailer Sales & Repairs Pty Ltd [2016] NSWSC 271

The order for Mr Shields to give evidence by audiovisual link was made by consent. Although the late notice requiring Mr Gaudin for cross-examination and the disruption to his overseas work strongly favoured taking his evidence by audiovisual link, the substantial dispute about the likely length and management of his cross-examination meant that the trial judge was better placed to decide that part of the application, so it was adjourned to Schmidt J.

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Application for Taking Evidence From Overseas by Audiovisual Link / Pre Trial Procedural Ruling Before Hearing Commencing the Following Week
Outcome
Leave granted by consent for Mr Shields to give evidence by audiovisual link; application concerning Mr Shane Gaudin adjourned to the trial judge; costs reserved.
Legal Topics
['audiovisual Link Evidence' 'cross Examination of Overseas Witnesses' 'notice Requiring Witness for Cross Examination' 'adjournment to Trial Judge']
['civil Procedure' 'evidence'] ['audiovisual Link Evidence' 'cross Examination of Overseas Witnesses' 'notice Requiring Witness for Cross Examination' 'adjournment to Trial Judge']

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Procedural Posture

Application for Taking Evidence From Overseas by Audiovisual Link / Pre Trial Procedural Ruling Before Hearing Commencing the Following Week

Legal Issues

  1. 1 ['Whether evidence from Mr Shields should be taken by audiovisual link from New Zealand.' 'Whether evidence from Mr Shane Gaudin should be taken by audiovisual link from Hong Kong, given the anticipated length and nature of cross-examination.' 'Whether the application concerning Mr Shane Gaudin should be determined by the trial judge.']

Ratio Decidendi

The order for Mr Shields to give evidence by audiovisual link was made by consent. Although the late notice requiring Mr Gaudin for cross-examination and the disruption to his overseas work strongly favoured taking his evidence by audiovisual link, the substantial dispute about the likely length and management of his cross-examination meant that the trial judge was better placed to decide that part of the application, so it was adjourned to Schmidt J.

Court Disposition

Leave granted by consent for Mr Shields to give evidence by audiovisual link; application concerning Mr Shane Gaudin adjourned to the trial judge; costs reserved.

Orders

  • ['By consent, leave granted for the giving of evidence by way of audiovisual link of Mr Shields.' 'The application in respect of Mr Shane Gaudin is adjourned for hearing before Schmidt J at 9.30 am on Friday 26 February.' 'Costs of today reserved.']