Australian Competition & Consumer Commission v StoresOnline International Inc [2009] FCA 717

Australian Competition & Consumer Commission v StoresOnline International Inc [2009] FCA 717

The Court declined to direct that the Cooling Off Witnesses give evidence by video-link because there was no evidence that they were unable or unwilling to travel to Sydney, the asserted cost savings were at best marginal and could be overtaken by the costs and delays of remote cross-examination, the witnesses' evidence raised significant credit issues against the ACCC's purchaser witnesses, their evidence was centrally important to issues in the proceeding including compliance with the Undertaking, and the likely use of a large number of documents in cross-examination favoured evidence being given in person to maintain justice between the parties.

Jurisdiction
Australia
Judgment Date
06 July 2009
Procedural Posture
Motion for a Direction That Testimony of Witnesses in the United States Be Given by Video Link Under S 47 a of the Federal Court of Australia Act 1976 (cth) / Notice of Motion Heard on 24 June 2009; Reasons and Orders Delivered on 6 July 2009
Outcome
Motion dismissed with costs.
Legal Topics
['video Link Evidence' 'audiovisual Facilities' 'overseas Witnesses' 'cross Examination' 'assessment of Credit' 'document Management in Cross Examination' 'costs of Evidence']
['practice and Procedure' 'evidence'] ['video Link Evidence' 'audiovisual Facilities' 'overseas Witnesses' 'cross Examination' 'assessment of Credit' 'document Management in Cross Examination' 'costs of Evidence']

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Procedural Posture

Motion for a Direction That Testimony of Witnesses in the United States Be Given by Video Link Under S 47 a of the Federal Court of Australia Act 1976 (cth) / Notice of Motion Heard on 24 June 2009; Reasons and Orders Delivered on 6 July 2009

Legal Issues

  1. 1 ['Whether the testimony of 12 witnesses living in the United States should be given by video-link rather than in person.' 'Whether the use of video-link would best serve the administration of justice consistently with maintaining justice between the parties.' "Whether issues of credit, the central importance of the witnesses' evidence, and the likely use of voluminous documents in cross-examination weighed against taking evidence by video-link." 'Whether the cost and practical inconvenience of bringing the witnesses to Sydney justified a direction for video-link evidence.']

Ratio Decidendi

The Court declined to direct that the Cooling Off Witnesses give evidence by video-link because there was no evidence that they were unable or unwilling to travel to Sydney, the asserted cost savings were at best marginal and could be overtaken by the costs and delays of remote cross-examination, the witnesses' evidence raised significant credit issues against the ACCC's purchaser witnesses, their evidence was centrally important to issues in the proceeding including compliance with the Undertaking, and the likely use of a large number of documents in cross-examination favoured evidence being given in person to maintain justice between the parties.

Court Disposition

Motion dismissed with costs.

Orders

  • ['The motion be dismissed.' "The respondents pay the applicant's costs of the motion."]