Li v Wang (No. 2) [2024] NSWSC 649

Li v Wang (No. 2) [2024] NSWSC 649

Given both parties have expert witnesses in China, there is no logical reason the plaintiff's witnesses should not be permitted to give evidence by audio-visual link, particularly as technology and interpreter arrangements can mitigate fairness concerns. Costs, professional status of the witnesses, COVID-19 practice, and the absence of unfairness weigh in favour of granting the application.

Jurisdiction
Australia
Judgment Date
28 May 2024
Procedural Posture
Civil / Procedural Motion Prior to Trial
Outcome
Plaintiff's application granted. Plaintiff's witnesses to give evidence by audio-visual link. Second and third defendants to pay plaintiff's costs of the motion.
Legal Topics
['evidence by Audio Visual Link' 'foreign Witness Evidence' 'expert Evidence' 'cross Examination Procedure']
['civil Procedure'] ['evidence by Audio Visual Link' 'foreign Witness Evidence' 'expert Evidence' 'cross Examination Procedure']

Case Brief

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Procedural Posture

Civil / Procedural Motion Prior to Trial

Legal Issues

  1. 1 ['Whether leave should be granted for plaintiff’s expert and lay witness in China to give evidence by audio-visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW)' 'Whether giving evidence by audio-visual link would be unfair to the defendants']

Ratio Decidendi

Given both parties have expert witnesses in China, there is no logical reason the plaintiff's witnesses should not be permitted to give evidence by audio-visual link, particularly as technology and interpreter arrangements can mitigate fairness concerns. Costs, professional status of the witnesses, COVID-19 practice, and the absence of unfairness weigh in favour of granting the application.

Court Disposition

Plaintiff's application granted. Plaintiff's witnesses to give evidence by audio-visual link. Second and third defendants to pay plaintiff's costs of the motion.

Orders

  • ['Leave granted for plaintiff’s expert Songwei Li and lay witness Enpeng Zhang to give evidence by audio-visual link at trial commencing 17 June 2024.' 'Second and third defendants pay plaintiff’s costs of the notice of motion.' 'Plaintiff to ensure only necessary persons present with witness when giving evidence,...