Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moyette Pty Limited v Foundation Healthcare Limited [2003] FCA 116
PRACTICE AND PROCEDURE application for one of the respondent's principal witnesses to be cross-examined by video link – witness provided no evidence of business inconvenience or ill health or other incapacity – cross-examination likely to continue for at least one hearing day – disadvantage of cross-examination by video link – application dismissed.
Trade Practices Act 1994 (Cth)
Australian Medical Imaging Pty Ltd v Mareoni Medical Systems Australia Pty Ltd (2001) 53 NSWLR 1 followed Australian Competition and Consumer Commission v World Netsafe Pty Ltd [2002] FCA 526 followed Sheldon & Hammond Pty Ltd v Metrokane Inc [2002] FCA 1561 cited MOYETTE PTY LIMITED AND DR IAN DAVIES v FOUNDATION HEALTHCARE LIMITED AND KENNETH DEREC JONES N 1140 OF 2001 CONTI J 27 FEBRUARY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1140 OF 2001
BETWEEN: MOYETTE PTY LIMITED (ACN 006 021 012)
FIRST APPLICANT
DR IAN DAVIES
SECOND APPLICANT
AND: FOUNDATION HEALTHCARE LIMITED (ACN 002 601 501)
FIRST RESPONDENT
KENNETH DEREK JONES
SECOND RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 27 FEBRUARY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Application dismissed. 2. Respondents to pay the Applicants' costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1140 OF 2001
BETWEEN: MOYETTE PTY LIMITED (ACN 006 021 012)
FIRST APPLICANT
DR IAN DAVIES
SECOND APPLICANT
AND: FOUNDATION HEALTHCARE LIMITED (ACN 002 601 501)
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