IBM Global Financing Australia v Cousins [2004] NSWLC 5

IBM Global Financing Australia v Cousins [2004] NSWLC 5

Strict compliance with the Rules may be dispensed with if required by the interests of justice; in this case, given the defendant's financial incapacity to attend in person and the availability of alternative means to give evidence, and the importance of avoiding denial of natural justice, the order for personal...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Civil / Interlocutory Motion in Small Claims Division
Outcome
motion granted (order for personal attendance set aside; arrangement for evidence by video-link or phone); other procedural orders made
Legal Topics
['oral Evidence' 'motions' 'compliance With Rules' 'natural Justice' 'witness Examination']
['civil Procedure'] ['oral Evidence' 'motions' 'compliance With Rules' 'natural Justice' 'witness Examination']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Motion in Small Claims Division

Legal Issues

  1. 1 ["Whether the motion to set aside the order requiring the defendant's personal attendance was irregularly filed" 'Whether the defendant may give evidence by alternative means due to inability to attend in person and possible denial of natural justice']

Ratio Decidendi

Strict compliance with the Rules may be dispensed with if required by the interests of justice; in this case, given the defendant's financial incapacity to attend in person and the availability of alternative means to give evidence, and the importance of avoiding denial of natural justice, the order for personal attendance is set aside and evidence may be given by video-link or telephone.

Court Disposition

motion granted (order for personal attendance set aside; arrangement for evidence by video-link or phone); other procedural orders made

Orders

  • ['The order requiring the attendance of the defendant to give evidence in person be set aside.' 'He is to give oral evidence by way of video link if available, otherwise by way of conference telephone link at a time set by the Court in due course.' 'Costs of disposal of the motion are to be costs in the cause.' 'The...