NSW Rural Assistance Authority v Te Velde [2003] NSWSC 251

NSW Rural Assistance Authority v Te Velde [2003] NSWSC 251

The evidence provided did not establish that the defendant was physically unable to travel; the use of a telephone link would unduly limit cross-examination in a document-heavy case, and thus, the application is contrary to the interests of justice.

Parties
Plaintiff: NSW Rural Assistance Authority; Defendant: Janice Leslie Te Velde
Jurisdiction
Australia
Judgment Date
31 March 2003
Procedural Posture
Application / Interlocutory
Outcome
Application declined
Legal Topics
Evidence by Telephone Link, Audio and Audio Visual Links
Evidence Evidence by Telephone Link Audio and Audio Visual Links

Case Brief

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Parties

NSW Rural Assistance Authority

Plaintiff

Janice Leslie Te Velde

Defendant

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether the defendant can give evidence by telephone link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998

Ratio Decidendi

The evidence provided did not establish that the defendant was physically unable to travel; the use of a telephone link would unduly limit cross-examination in a document-heavy case, and thus, the application is contrary to the interests of justice.

Court Disposition

Application declined

Orders

  • Application for the defendant to give evidence by telephone link is refused.