OLI 1 Pty Ltd (in liq) v OLG 1 Pty Ltd [2022] NSWSC 891

OLI 1 Pty Ltd (in liq) v OLG 1 Pty Ltd [2022] NSWSC 891

Leave was granted for the third defendant to provide evidence in chief and be cross-examined at the final hearing by audio visual link due to her medical circumstances and parties' consent, consistent with s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW); other aspects of the notice of motion, including adjournment, were dismissed.

Parties
Plaintiff: OLI 1 Pty Ltd (in liquidation); First Defendant: OLG 1 Pty Ltd; Second Defendant: Nicholas James O'Day; Third Defendant: Jeannene Bernadette O'Day
Jurisdiction
Australia
Judgment Date
14 June 2022
Procedural Posture
Notice of Motion Within Civil Proceedings / Procedural Ruling Prior to Trial
Outcome
Application partly granted and partly dismissed.
Legal Topics
Audio Visual Evidence, Leave to Give Evidence Remotely
Evidence Civil Procedure Audio Visual Evidence Leave to Give Evidence Remotely

Case Brief

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Parties

OLI 1 Pty Ltd (in liquidation)

Plaintiff

OLG 1 Pty Ltd

First Defendant

Nicholas James O'Day

Second Defendant

Jeannene Bernadette O'Day

Third Defendant

Procedural Posture

Notice of Motion Within Civil Proceedings / Procedural Ruling Prior to Trial

Legal Issues

  1. 1 Whether leave should be granted for the third defendant to give evidence and be cross-examined by audio visual link from the United States at the final hearing
  2. 2 Whether the notice of motion to vacate the hearing date should be dismissed

Ratio Decidendi

Leave was granted for the third defendant to provide evidence in chief and be cross-examined at the final hearing by audio visual link due to her medical circumstances and parties' consent, consistent with s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW); other aspects of the notice of motion, including adjournment, were dismissed.

Court Disposition

Application partly granted and partly dismissed.

Orders

  • The third defendant has leave to provide evidence and be cross-examined at the final hearing by audio visual link from the United States to the courtroom in Australia.
  • The defendants' notice of motion to vacate the hearing date is otherwise dismissed.