Big Country Developments Pty Limited v Peter Griffiths (No 2) [2015] NSWSC 436

Big Country Developments Pty Limited v Peter Griffiths (No 2) [2015] NSWSC 436

The renewed application for cross-examination by audio-visual link is refused, as it would prejudice the plaintiff given forensic decisions already made, would extend the hearing contrary to the overriding objective of just, quick and cheap resolution, and would not overcome the inherent disadvantage of cross-examining by audio-visual link where crucial evidence is involved, especially at the end of proceedings.

Jurisdiction
Australia
Judgment Date
15 April 2015
Procedural Posture
Equity Division Commercial List / Procedural Ruling on Renewed Application for Cross Examination by Audio Visual Link
Outcome
Application for cross-examination by audio-visual link refused
Legal Topics
['affidavit Evidence' 'cross Examination by Audio Visual Link' 'hearsay Exclusion' 'forensic Decisions']
['civil Procedure' 'evidence'] ['affidavit Evidence' 'cross Examination by Audio Visual Link' 'hearsay Exclusion' 'forensic Decisions']

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Procedural Posture

Equity Division Commercial List / Procedural Ruling on Renewed Application for Cross Examination by Audio Visual Link

Legal Issues

  1. 1 ['Whether renewed application for cross-examination by audio-visual link should be allowed at late stage of proceedings' 'Whether exclusion of hearsay evidence creates prejudice justifying audio-visual cross-examination' 'Impact of medical incapacity on availability of testimony']

Ratio Decidendi

The renewed application for cross-examination by audio-visual link is refused, as it would prejudice the plaintiff given forensic decisions already made, would extend the hearing contrary to the overriding objective of just, quick and cheap resolution, and would not overcome the inherent disadvantage of cross-examining by audio-visual link where crucial evidence is involved, especially at the end of proceedings.

Court Disposition

Application for cross-examination by audio-visual link refused

Orders

  • ["Renewed application to take Mr White's evidence via audio-visual link is refused"]