Berry v Innovia Security Pty Ltd (No 3) [2017] FCA 244

Berry v Innovia Security Pty Ltd (No 3) [2017] FCA 244

It is in the interests of justice, given Mr Chapman's unwillingness to come to Australia, the materiality of his evidence, and the importance of the trial judge assessing his credibility, that a letter of request be issued under s 7(1)(c) of the Foreign Evidence Act 1994 (Cth) to the United Kingdom, requesting that the trial judge take his evidence in London. The request and arrangements for costs are appropriate and do not give rise to apprehension of bias. The Court has statutory power to make such procedural arrangements.

Jurisdiction
Australia
Judgment Date
10 March 2017
Procedural Posture
Civil Proceeding / Interlocutory Application for Letter of Request for Overseas Evidence
Outcome
Application granted. Letter of request to be sent for trial judge to take evidence in London. Costs order as specified.
Legal Topics
['letter of Request for Overseas Evidence' 'examination of Witnesses Abroad' 'costs of Taking Evidence Overseas' 'court Powers to Sit Outside Australia']
['evidence' 'practice and Procedure' 'commercial Law'] ['letter of Request for Overseas Evidence' 'examination of Witnesses Abroad' 'costs of Taking Evidence Overseas' 'court Powers to Sit Outside Australia']

Case Brief

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 Proceeding / Interlocutory Application for Letter of Request for Overseas Evidence

Legal Issues

  1. 1 ['Whether the Court should issue a letter of request to take evidence from a witness abroad under s 7 of the Foreign Evidence Act 1994 (Cth)' 'Whether the trial judge can be appointed to take the evidence of the witness overseas' 'Whether the Court has the power to hear final submissions outside Australia and the statutory basis for this' "Whether the respondent's payment of costs creates an apprehension of bias"]

Ratio Decidendi

It is in the interests of justice, given Mr Chapman's unwillingness to come to Australia, the materiality of his evidence, and the importance of the trial judge assessing his credibility, that a letter of request be issued under s 7(1)(c) of the Foreign Evidence Act 1994 (Cth) to the United Kingdom, requesting that the trial judge take his evidence in London. The request and arrangements for costs are appropriate and do not give rise to apprehension of bias. The Court has statutory power to make such procedural arrangements.

Court Disposition

Application granted. Letter of request to be sent for trial judge to take evidence in London. Costs order as specified.

Orders

  • ['A letter of request, substantially in the form of Annexure A, to be sent to judicial authorities of the United Kingdom for the trial judge to take the evidence of Mr Chapman in London.' "The respondent to pay all expenses incurred by the Court or by any person at the request of the Court for the issuing and...