Rossiter v Core Mining Limited [2014] NSWSC 969

Rossiter v Core Mining Limited [2014] NSWSC 969

Given the centrality of witness credibility, the head-on clash of evidence, and the extensive factual issues to be resolved, taking evidence by audiovisual link would significantly impede the Court's ability to assess the witness. The applicants have not shown it is in the interests of justice to permit the evidence by audiovisual link.

Jurisdiction
Australia
Judgment Date
17 July 2014
Procedural Posture
Application / Interlocutory Ruling
Outcome
Application dismissed with costs.
Legal Topics
['audiovisual Link Evidence' 'witness Credibility' 'cross Examination']
['civil Procedure'] ['audiovisual Link Evidence' 'witness Credibility' 'cross Examination']

Case Brief

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Procedural Posture

Application / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether to allow evidence to be taken by audiovisual link where credit of witness is a key issue' "Whether sufficient explanation was provided for the witness's inability to attend in person" 'Whether the case is substantially documentary or significantly reliant on witness credibility']

Ratio Decidendi

Given the centrality of witness credibility, the head-on clash of evidence, and the extensive factual issues to be resolved, taking evidence by audiovisual link would significantly impede the Court's ability to assess the witness. The applicants have not shown it is in the interests of justice to permit the evidence by audiovisual link.

Court Disposition

Application dismissed with costs.

Orders

  • ['Dismiss the notice of motion filed in court on 16 July 2014 with costs.']