Antov v Bokan [2019] NSWSC 1730

Antov v Bokan [2019] NSWSC 1730

Given the centrality of the proposed evidence of Mr Dabeski, the lack of procedural safeguards, ongoing doubts as to the circumstances of the affidavit, inability of the defendant to communicate with the witness, and the significant credit challenges anticipated, it would be unfair to the defendant to allow the evidence by audio visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).

Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Application Within Equity Proceedings / Interlocutory – Application for Audio Visual Evidence
Outcome
Application refused
Legal Topics
['evidence by Audio Visual Link' 'procedural Fairness' 'affidavit Evidence']
['equity' 'evidence' 'civil Procedure'] ['evidence by Audio Visual Link' 'procedural Fairness' 'affidavit Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Within Equity Proceedings / Interlocutory – Application for Audio Visual Evidence

Legal Issues

  1. 1 ['Whether the evidence of Mr Zarko Dabeski should be taken by audio visual link pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW)' 'Whether permitting such evidence would be unfair to the defendant']

Ratio Decidendi

Given the centrality of the proposed evidence of Mr Dabeski, the lack of procedural safeguards, ongoing doubts as to the circumstances of the affidavit, inability of the defendant to communicate with the witness, and the significant credit challenges anticipated, it would be unfair to the defendant to allow the evidence by audio visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).

Court Disposition

Application refused

Orders

  • ["Refuse the plaintiff's application for evidence of Zarko Dabeski to be taken by audio visual link."]