Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) [2009] FCA 1306
EVIDENCE – whether hearsay evidence of statements by persons overseas should be permitted – the extent to which the proposed evidence was first hand or more remote hearsay – no independent evidence corroborating any hearsay version – whether undue prejudice to the respondent. PRACTICE AND PROCEDURE – application to take evidence by video link – requirement to make out a case for such an order where it is opposed – discussion of the possible difficulties associated with video evidence. PRACTICE AND PROCEDURE – security for costs – consideration of application for further security. Evidence Act 1995 (Cth) ss 59(1), 62, 63, 64, 67, 68, 75, 135, 136, 192, 192A Federal Court Act 1976 (Cth) 47(1A), 56 Federal Court Rules O 1 r 4, O 15 r 2(3)(a), O 15 r 10, O 24 r 1A Australian Competition and Consumer Commission v StoresOnline International Inc [2009] FCA 717 Australian Competition and Consumer Commission v World Netsafe Pty Ltd (2002) 119 FCR 303 Australian Medical Imaging Pty Ltd v Marconi Medical Systems Australia Pty Ltd (2001) 53 NSWLR 1 Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Bryan E Fencott & Associates Pty Ltd v Eretta Pty Ltd (1987) 16 FCR 497 Dorajay Pty Ltd v Aristocrat Leisure Ltd [2007] FCA 1502 Farmitalia Carlo Erba SrL v Delta West Pty Ltd (1994) 281 IPR 336 Logue v Hansen Technologies Ltd (2003) 125 FCR 590 Menhaden Pty Ltd v Citibank NA (1984) 1 FCR 542 Moyette Pty Ltd v Foundation Healthcare Ltd [2003] FCA 116 Odhiambo v Minister for Immigration and Multicultural Affairs (2002) 122 FCR 29 P S Chellaram & Co v China Ocean Shipping Co (1991) 65 ALJR 642; 102 ALR 321 Sunstate Airlines (Qld) Pty Ltd v First Chicago Australia Securities Ltd (Giles CJ Comm D, 11 March 1997, unreported) Tan Kah Hock v AWAP SGT 26 Investment Ltd [2008] FCA 540 Tetra Pak Marketing Pty Ltd v Musashi Pty Ltd [2000] FCA 1261 Versace v Monte [2001] FCA 1454 CAMPAIGN MASTER (UK) LIMITED v FORTY TWO INTERNATIONAL PTY LIMITED and BLUEFREEWAY LIMITED
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