Mindshare Communications Ltd v Orleans Investments Pty Ltd [2007] NSWSC 904

No sufficient difference between the circumstances existing at the time of the earlier refusal and the present application to justify a departure from the earlier ruling; Mr Chen should attend in person for cross examination.

Parties: Plaintiff: Mindshare Communications Limited Taiwan Branch; First Defendant: Orleans Investments Pty Limited t/as The Orleans Media Consultancy; Second Defendant: Wayne Eckett
Jurisdiction: Australia
Judgment Date: 07 August 2007
Procedural Posture: Application/motion / Interlocutory Application Prior to Trial
Outcome: Application to take evidence by video link refused.
Legal Topics: Evidence, Video Link Applications, Costs

Procedure Equity Evidence Video Link Applications Costs

Case Brief

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Parties

Mindshare Communications Limited Taiwan Branch

Plaintiff

Orleans Investments Pty Limited t/as The Orleans Media Consultancy

First Defendant

Wayne Eckett

Second Defendant

Procedural Posture

Application/motion / Interlocutory Application Prior to Trial

Legal Issues

1 Whether the evidence of Mr Jonathan Chen should be taken by audio visual link to Taiwan rather than in person
2 Whether there is any sufficient difference in circumstances to depart from an earlier decision refusing video link for this witness

Ratio Decidendi

Court Disposition

Application to take evidence by video link refused.

Orders

Leave granted to the plaintiff to file in court a notice of motion dated 6 August 2007 returnable instanter.
Plaintiff to pay the relevant filing fee by 8 August 2007.