Markisic & Anor v United States of America & Anor [2006] NSWSC 839

Markisic & Anor v United States of America & Anor [2006] NSWSC 839

The evidence of Mr Heller is straightforward and technical in nature; no issues of credit or complexity arise necessitating his attendance in Australia. Cross-examination may be performed by audio link as this sufficiently addresses justice and proportionality requirements.

Jurisdiction
Australia
Judgment Date
03 August 2006
Procedural Posture
Civil / Interlocutory Motion Regarding Witness Cross Examination
Outcome
Any cross examination of Paul Heller is to occur by telephone.
Legal Topics
['foreign State Immunity' 'cross Examination of Witness' 'audio and Audio Visual Evidence' 'jurisdiction']
['civil Procedure' 'evidence' 'international Law'] ['foreign State Immunity' 'cross Examination of Witness' 'audio and Audio Visual Evidence' 'jurisdiction']

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Procedural Posture

Civil / Interlocutory Motion Regarding Witness Cross Examination

Legal Issues

  1. 1 ['Whether witness Paul Heller should be required to attend Australia for cross-examination' 'Whether cross-examination can be conducted by telephone or audio visual link' 'Application of Foreign States Immunity Act 1985 regarding US immunity and s 13 exception']

Ratio Decidendi

The evidence of Mr Heller is straightforward and technical in nature; no issues of credit or complexity arise necessitating his attendance in Australia. Cross-examination may be performed by audio link as this sufficiently addresses justice and proportionality requirements.

Court Disposition

Any cross examination of Paul Heller is to occur by telephone.

Orders

  • ['Any cross examination of the witness Heller if it is to take place is to occur by telephone.']