David Quince v Annabelle Quince and Anor [2020] NSWSC 326

David Quince v Annabelle Quince and Anor [2020] NSWSC 326

The hearing dates should be vacated because, in the circumstances of serious forgery allegations, limited corroborative material, and the imposed COVID-19 video-link regime, requiring cross-examination of key witnesses by video link would create unfairness to the parties. The late and novel aspects of Ms Cavanough's evidence also meant the plaintiff was arguably entitled to time to answer that material.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Civil Procedure; Equity Expedition List / Plaintiff's Application to Vacate Current Hearing Dates
Outcome
Application granted; hearing dates vacated; costs reserved.
Legal Topics
['application to Vacate Hearing Dates' 'video Link Evidence' 'covid 19 Court Administration' 'unfairness to Parties' 'late Filing of Evidence']
['civil Procedure' 'evidence' 'equity'] ['application to Vacate Hearing Dates' 'video Link Evidence' 'covid 19 Court Administration' 'unfairness to Parties' 'late Filing of Evidence']

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Procedural Posture

Civil Procedure; Equity Expedition List / Plaintiff's Application to Vacate Current Hearing Dates

Legal Issues

  1. 1 ['Whether the current hearing dates should be vacated because cross-examination would have to occur by video link under a regime imposed due to COVID-19.' 'Whether proceeding by video link would be unfair in a case involving serious allegations of forgery where demeanour and credit may be significant.' 'Whether the late evidence of Ms Cavanough provided an additional basis to vacate the hearing dates.']

Ratio Decidendi

The hearing dates should be vacated because, in the circumstances of serious forgery allegations, limited corroborative material, and the imposed COVID-19 video-link regime, requiring cross-examination of key witnesses by video link would create unfairness to the parties. The late and novel aspects of Ms Cavanough's evidence also meant the plaintiff was arguably entitled to time to answer that material.

Court Disposition

Application granted; hearing dates vacated; costs reserved.

Orders

  • ['The current hearing dates are vacated.' 'All questions of costs are reserved.']