David Wong v State Street Global Advisors Australia Ltd & Anor [2004] NSWIRComm 122

David Wong v State Street Global Advisors Australia Ltd & Anor [2004] NSWIRComm 122

The court determined that justice required the respondent not be deprived of the opportunity to rely on the evidence of Mr Serhant (who resides overseas and is not compellable) and was satisfied that taking evidence by audiovisual link is acceptable in such circumstances, even where demeanour must be assessed.

Parties
Applicant: David Wong; First Respondent: State Street Global Advisors Australia Limited; Second Respondent: State Street Corporation Inc
Jurisdiction
Australia
Judgment Date
07 May 2004
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Application on Admissibility of Evidence by Video Link
Outcome
Order made permitting evidence of Mr Serhant by video link; no orders made regarding Mr Fleites at this stage.
Legal Topics
Evidence, Taking of Evidence, Video Conferencing, Overseas Witnesses, Compellable Witness, Evidence by Video Link
Industrial Relations Practice and Procedure Evidence Taking of Evidence Video Conferencing Overseas Witnesses Compellable Witness Evidence by Video Link

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Parties

David Wong

Applicant

State Street Global Advisors Australia Limited

First Respondent

State Street Corporation Inc

Second Respondent

Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Interlocutory Application on Admissibility of Evidence by Video Link

Legal Issues

  1. 1 Whether evidence of witnesses residing overseas may be taken by video link
  2. 2 Whether justice requires departure from the ordinary course of in-person evidence
  3. 3 Whether the witness is compellable

Ratio Decidendi

The court determined that justice required the respondent not be deprived of the opportunity to rely on the evidence of Mr Serhant (who resides overseas and is not compellable) and was satisfied that taking evidence by audiovisual link is acceptable in such circumstances, even where demeanour must be assessed.

Court Disposition

Order made permitting evidence of Mr Serhant by video link; no orders made regarding Mr Fleites at this stage.

Orders

  • Respondent permitted to adduce the evidence of Mr Serhant by video link.
  • No order at this stage regarding Mr Fleites; liberty to apply after affidavit filed.