STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2010] FCA 1002

STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2010] FCA 1002

The attestation of the affidavit before a notary public in accordance with South Korean law—where the deponent reads, acknowledges the truth of the statement, and signs and stamps it in the notary's presence—constitutes an affirmation in a similar form to that required by s 21(4) of the Evidence Act 1995 (Cth), recognising the gravity and importance of truth-telling sufficient for admissibility.

Jurisdiction
Australia
Judgment Date
03 September 2010
Procedural Posture
Civil / Interlocutory Application Regarding Admissibility of Affidavit Evidence
Outcome
Objection dismissed; affidavit held admissible in form, subject to cross-examination and proper objections.
Legal Topics
['admissibility of Foreign Affidavit' 'affirmation Under Evidence Act 1995 (cth)' 'form of Oath or Affirmation' 'notarial Certificates Under Foreign Law']
['evidence'] ['admissibility of Foreign Affidavit' 'affirmation Under Evidence Act 1995 (cth)' 'form of Oath or Affirmation' 'notarial Certificates Under Foreign Law']

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Procedural Posture

Civil / Interlocutory Application Regarding Admissibility of Affidavit Evidence

Legal Issues

  1. 1 ['Whether an affidavit attested before a notary public in South Korea satisfies the requirements of an oath or affirmation as per s 21(4) of the Evidence Act 1995 (Cth)']

Ratio Decidendi

The attestation of the affidavit before a notary public in accordance with South Korean law—where the deponent reads, acknowledges the truth of the statement, and signs and stamps it in the notary's presence—constitutes an affirmation in a similar form to that required by s 21(4) of the Evidence Act 1995 (Cth), recognising the gravity and importance of truth-telling sufficient for admissibility.

Court Disposition

Objection dismissed; affidavit held admissible in form, subject to cross-examination and proper objections.

Orders

  • ['The affidavit made by Jung-Hyun Ahn on 19 July 2010 in South Korea may be read at the resumption of the trial, subject to proper objections and cross-examination, unless Mr Thomson notifies otherwise.' 'Costs thrown away by the necessity to raise the objection at the directions hearing on 20 August 2010 to be paid...