Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2010] FCA 1002 Citation: STX Pan Ocean Co Ltd v Bowen Basin Coal Group Pty Ltd [2010] FCA 1002
Parties: STX PAN OCEAN CO., LTD v BOWEN BASIN COAL GROUP PTY LTD (ACN 141 187 760), DAVID JOHN THOMSON and BEACH BUILDING AND CIVIL GROUP PTY LTD (ACN 081 893 414)
File number: NSD 561 of 2010
Judge: RARES J
Date of judgment: 3 September 2010
Catchwords: EVIDENCE – oath or affirmation – whether affidavit attested before a notary public in accordance with South Korean law amounts to an oath or affirmation in a similar form to the Schedule to s 21(4) of the Evidence Act 1995 (Cth) – sufficient acknowledgment of the gravity and importance of the truth being told required to amount to an affirmation Held: the attestation is in a form sufficient to comply with s 21(4) of the Evidence Act 1995 (Cth)
Legislation: Evidence Act 1995 (Cth) s 21 Federal Court of Australia Act 1976 (Cth) s 45
Cases cited: R v Governor of Pentonville Prison; Ex parte Singh [1981] 3 All ER 23 followed Reg. v Governor of Pentonville Prison; Ex parte Passingham [1983] 2 AC 464 referred to R v Climas (1997) 74 SASR 411 applied
Date of hearing: 3 September 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Plaintiff: P King
Solicitor for the Plaintiff: Hicksons
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