Panda Ranch (Trading) Pty Ltd v China Shipping Container Lines (Hong Kong) Co Ltd [2006] FCA 1647

Panda Ranch (Trading) Pty Ltd v China Shipping Container Lines (Hong Kong) Co Ltd [2006] FCA 1647

The Court refused, at this stage, the application for Ms Wu's evidence to be received by video-link at the primary hearing due to insufficient expedition in making the application and questions over the evidence's relevance, but allowed her evidence to be taken by video-link on the voir dire for later determination of admissibility.

Parties
Applicant: Panda Ranch (Trading) Pty Ltd ACN 086 694 251; First Respondent: China Shipping Container Lines (Hong Kong) Co Ltd; Second Respondent: China Shipping Australia Agency Co Pty Ltd ACN 085 663 154
Jurisdiction
Australia
Judgment Date
23 November 2006
Procedural Posture
Civil / Interlocutory Application Prior to Main Hearing
Outcome
Defendant's application to admit Ms Wu's evidence by video-link refused at this stage; evidence to be taken on voir dire only.
Legal Topics
Oral Contract, Damages, Cross Examination by Video Link, Admissibility of Evidence
Civil Procedure Oral Contract Damages Cross Examination by Video Link Admissibility of Evidence

Case Brief

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Parties

Panda Ranch (Trading) Pty Ltd ACN 086 694 251

Applicant

China Shipping Container Lines (Hong Kong) Co Ltd

First Respondent

China Shipping Australia Agency Co Pty Ltd ACN 085 663 154

Second Respondent

Procedural Posture

Civil / Interlocutory Application Prior to Main Hearing

Legal Issues

  1. 1 Whether Ms Wu's evidence should be admitted by video-link
  2. 2 Applicant's entitlement to cross-examine witness in person
  3. 3 Adequacy and timing of application for video-link evidence

Ratio Decidendi

The Court refused, at this stage, the application for Ms Wu's evidence to be received by video-link at the primary hearing due to insufficient expedition in making the application and questions over the evidence's relevance, but allowed her evidence to be taken by video-link on the voir dire for later determination of admissibility.

Court Disposition

Defendant's application to admit Ms Wu's evidence by video-link refused at this stage; evidence to be taken on voir dire only.

Orders

  • The matter be stood over for hearing on Monday, 27 November 2006 at 10:15am.
  • The costs of today be reserved.