24 Mar 2011
MCCOMBIE GIECK FAMILY TRUST NO 2 NOMINEES LIMITED v MARSH LIMITED HC AK CIV-2008-404-7038
- Citation
- openlaw-c5377368_0730_4216_bdf3_2a6722fe47a0.pdf
- Court
- High Court
Application dismissed because, on balance, potential prejudice to the respondent from pre-trial examination could not be excluded and the inconvenience to the applicant and its witness did not outweigh that prejudice given the uncertain whereabouts of the witness (likely Sydney), the relatively low cost and ordinary burden of securing his attendance at trial, and the witness's cooperation; the court left open video-conference as a practicable alternative if the witness is employed overseas at trial.