Filby v TEG Live Pty Ltd [2022] NSWSC 1280

Filby v TEG Live Pty Ltd [2022] NSWSC 1280

The Court permitted the witness to give evidence by audio visual link on the basis that the cross-examination would be of short duration and involve few documents, thereby minimizing any disadvantage to the parties, but cautioned that such applications should be made before witnesses leave the jurisdiction except in urgent cases.

Jurisdiction
Australia
Judgment Date
12 September 2022
Procedural Posture
Procedural Motion / First Day of Trial; Application for Giving Evidence by Audio Visual Link
Outcome
Application granted; witness permitted to give evidence by audio visual link; no costs orders made.
Legal Topics
['audio Visual Link Applications' 'witness Evidence Procedure']
['civil Procedure'] ['audio Visual Link Applications' 'witness Evidence Procedure']

Case Brief

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Procedural Posture

Procedural Motion / First Day of Trial; Application for Giving Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether witness evidence may be given by audio visual link under Evidence (Audio and Audio Visual Links) Act 1998, s 5B and UCPR r 31.3' 'Whether the timing and circumstances of the application were procedurally fair' 'Whether the giving of evidence remotely would be unfair to a party']

Ratio Decidendi

The Court permitted the witness to give evidence by audio visual link on the basis that the cross-examination would be of short duration and involve few documents, thereby minimizing any disadvantage to the parties, but cautioned that such applications should be made before witnesses leave the jurisdiction except in urgent cases.

Court Disposition

Application granted; witness permitted to give evidence by audio visual link; no costs orders made.

Orders

  • ['Mr Geoff Jones, a witness for the defendant, may give evidence by audio visual link during ordinary Court hours.' 'No order as to costs; each party will bear its own costs of the application.']