Sanson v Sanson [2021] NSWSC 417

Sanson v Sanson [2021] NSWSC 417

Given the defendant's medical condition, young children, and international travel restrictions due to COVID-19, it was not feasible or likely she could attend the hearing in person. The Court found that permitting evidence to be given via AVL would not significantly prejudice the plaintiffs, and weighed interests of justice and case management in favour of granting the order.

Parties
First Plaintiff/cross Defendant: Bradley Patrick Sanson; Second Plaintiff/cross Defendant: Lorraine Maud Sanson; Defendant/cross Claimant: Radka Sanson
Jurisdiction
Australia
Judgment Date
21 April 2021
Procedural Posture
Civil / Interlocutory Application
Outcome
application granted
Legal Topics
Audio Visual Evidence, Remote Testimony, COVID 19 Pandemic, Interests of Justice, Witness Health
Civil Procedure Equity Audio Visual Evidence Remote Testimony COVID 19 Pandemic Interests of Justice Witness Health

Case Brief

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Parties

Bradley Patrick Sanson

First Plaintiff/cross Defendant

Lorraine Maud Sanson

Second Plaintiff/cross Defendant

Radka Sanson

Defendant/cross Claimant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether to permit the defendant/cross-claimant to give evidence via audio visual link from the Czech Republic at the trial commencing on 12 May 2021

Ratio Decidendi

Given the defendant's medical condition, young children, and international travel restrictions due to COVID-19, it was not feasible or likely she could attend the hearing in person. The Court found that permitting evidence to be given via AVL would not significantly prejudice the plaintiffs, and weighed interests of justice and case management in favour of granting the order.

Court Disposition

application granted

Orders

  • The evidence of the Defendant/Cross-Claimant at the hearing commencing on 12 May 2021 be given via audio visual link from the Czech Republic.