I C Pipes Pty Ltd v DGS Trading Pty Ltd [2023] NSWSC 1081

I C Pipes Pty Ltd v DGS Trading Pty Ltd [2023] NSWSC 1081

It was in the interests of justice to permit Mr El Shafie and Mr Tucker to give evidence by compliant audio-visual link because there was no identified prejudice to the plaintiff if the connection was reliable and the witnesses had relevant documents. The second defendant’s own application was refused because the case was largely credit based, cross-examination of him would involve more voluminous documents, his role as both witness and representative would be more conveniently performed in court, and there were concerns about his ability to maintain a reliable visual link. The application concerning Mr McGee was deferred because objections to his affidavit might mean he would not give...

Jurisdiction
Australia
Judgment Date
07 September 2023
Procedural Posture
Procedural Ruling in Equity Proceedings / Application to Conduct Proceedings and Give Evidence by Audio Visual Link Before Hearing
Outcome
Application granted in part, refused in part, and deferred in part.
Legal Topics
['audio Visual Link' 'remote Evidence' 'interests of Justice' 'credit Findings' 'cross Examination Using Documents']
['civil Procedure' 'evidence'] ['audio Visual Link' 'remote Evidence' 'interests of Justice' 'credit Findings' 'cross Examination Using Documents']

Case Brief

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Procedural Posture

Procedural Ruling in Equity Proceedings / Application to Conduct Proceedings and Give Evidence by Audio Visual Link Before Hearing

Legal Issues

  1. 1 ['Whether the second defendant should be permitted to appear and personally give evidence by audio-visual link.' "Whether the second defendant's witnesses should be permitted to give evidence by audio-visual link." 'Whether Mr McGee should be permitted to give evidence by audio-visual link before objections to his affidavit are resolved.']

Ratio Decidendi

It was in the interests of justice to permit Mr El Shafie and Mr Tucker to give evidence by compliant audio-visual link because there was no identified prejudice to the plaintiff if the connection was reliable and the witnesses had relevant documents. The second defendant’s own application was refused because the case was largely credit based, cross-examination of him would involve more voluminous documents, his role as both witness and representative would be more conveniently performed in court, and there were concerns about his ability to maintain a reliable visual link. The application concerning Mr McGee was deferred because objections to his affidavit might mean he would not give...

Court Disposition

Application granted in part, refused in part, and deferred in part.

Orders

  • ['Mr El Shafie and Mr Tucker may give their evidence by compliant AVL, but not by audio link only.' "The second defendant's application to personally give evidence by AVL is refused." 'The application to call Mr McGee by AVL is deferred until the objections to his affidavit have been resolved.' 'Costs of the...