Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Joyce v Sunland Waterfront (BVI) Ltd [2011] FCAFC 95 Citation: Joyce v Sunland Waterfront (BVI) Ltd [2011] FCAFC 95
Appeal from: Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 9) [2011] FCA 832
Parties: MATTHEW JAMES JOYCE v SUNLAND WATERFRONT (BVI) LTD and SUNLAND GROUP LIMITED ACN 063 429 532 PRUDENTIA INVESTMENTS PTY LTD ACN 091 390 742, ANGUS JOHN LUXMORE REED v SUNLAND WATERFRONT (BVI) LTD, SUNLAND GROUP LIMITED ACN 063 429 532, HANLEY INVESTMENTS PTE LTD AND MATTHEW JAMES JOYCE
File numbers: QUD 187 of 2011 QUD 189 of 2011
Judges: KEANE CJ, DOWSETT AND GREENWOOD JJ
Date of judgment: 19 August 2011
Corrigendum: 26 August 2011
Catchwords: PRACTICE AND PROCEDURE – Appeal from an interlocutory decision of Logan J to stay proceedings indefinitely – whether witness voluntarily giving evidence by video-link from overseas breaches nation's sovereignty in the absence of permission from that nation – sovereignty and comity – where a respondent in the proceedings is also the subject of criminal proceedings in another nation and currently released on bail – where position of foreign nation regarding the taking of evidence by video link from that respondent unclear – where uncertain whether position of the foreign nation will ever be clarified in the future – where party may become unable to give evidence in the future if convicted in criminal proceedings in that foreign jurisdiction
Legislation: Evidence Act 1995 (Cth) ss 4(1), 21 Federal Court of Australia Act 1976 (Cth) ss 44, 47A Foreign Evidence Act 1994 (Cth) s 7 Trade Practices Act 1974 (Cth) s 82 Federal Court Rules O 24 r 1 Federal Court Rules Div 29.2
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