Napiat Pty Ltd v Salfinger; In the Matter of Salfinger (No 2) [2011] FCA 1271
The respondent's interlocutory application to give evidence via audio or audiovisual link was dismissed because it was made late and without adequate justification, and the respondent failed to appear at the hearing.
- Jurisdiction
- Australia
- Judgment Date
- 04 November 2011
- Procedural Posture
- Application / Interlocutory
- Outcome
- Interlocutory application dismissed with costs on an indemnity basis.
- Legal Topics
- []
Case Brief
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Procedural Posture
Application / Interlocutory
Legal Issues
- 1 ["Whether the respondent's interlocutory application for evidence to be taken by audio or audiovisual link from Canada should be granted"]
Ratio Decidendi
The respondent's interlocutory application to give evidence via audio or audiovisual link was dismissed because it was made late and without adequate justification, and the respondent failed to appear at the hearing.
Court Disposition
Interlocutory application dismissed with costs on an indemnity basis.
Orders
- ['The Interlocutory Application filed by the respondent on 3 November 2011 be dismissed.' "The respondent pay the applicant's costs of and incidental to that Interlocutory Application on an indemnity basis."]
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