Huang v University of New South Wales [2010] FCA 208

The Court declined to make an order under s 9A of the Foreign Evidence Act 1994 (Cth) as there was no utility in doing so; the evidence sought could not be obtained in time for the scheduled hearing, and its relevance was of marginal utility. The matter was stood over for further directions, enabling consideration of any developments such as a vacation of the hearing date.

Jurisdiction: Australia
Judgment Date: 04 March 2010
Procedural Posture: Application Under S 9 a of the Foreign Evidence Act 1994 (cth) / Interlocutory Judgment and Directions
Outcome: Application stood over for directions; no final order on the application for foreign evidence.
Legal Topics: ['foreign Evidence' 'letters of Request' 'utility of Obtaining Evidence From Abroad' 'relevance of Corroborative Evidence']

['evidence'] ['foreign Evidence' 'letters of Request' 'utility of Obtaining Evidence From Abroad' 'relevance of Corroborative Evidence']

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Procedural Posture

Application Under S 9 a of the Foreign Evidence Act 1994 (cth) / Interlocutory Judgment and Directions

Legal Issues

1 ['Whether leave should be granted under s 9A of the Foreign Evidence Act 1994 (Cth) for evidence to be taken from Professor Dao Jai Park in South Korea' 'Whether such evidence would be available and of sufficient utility for the upcoming hearing']

Ratio Decidendi

Court Disposition

Application stood over for directions; no final order on the application for foreign evidence.

Orders

['The proceeding be stood over for directions on 12 March 2010.' 'No order be made as to costs.' 'The exhibits be returned to the Applicant.']