Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 9) [2011] FCA 832

FEDERAL COURT OF AUSTRALIA

Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 9) [2011] FCA 832 Citation: Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 9) [2011] FCA 832

Parties: SUNLAND WATERFRONT (BVI) LTD and SUNLAND GROUP PTY LTD ACN 063 429 532 v PRUDENTIA INVESTMENTS PTY LTD ACN 091 390 742, HANLEY INVESTMENTS PTE LTD, ANGUS JOHN LUXMOORE REED and MATTHEW JAMES JOYCE

File number: QUD 195 of 2009

Judge: LOGAN J

Date of judgment: 19 July 2011

Catchwords: PRIVATE INTERNATIONAL LAW – Sovereignty and comity – whether witness appearing by video-link overseas is before the Court – whether witness giving evidence by video-link from overseas breaches a nation's sovereignty in the absence of permission from that nation – where nation has refused permission to take evidence on commission – where no evidence of permission by that nation to take evidence by video-link – where persons would give evidence voluntarily – persons are before the Court and are subject to directions about evidence – video-link operates as if Court additionally sits in foreign country – views of Australian executive government are relevant but not decisive – held to permit video-link would breach other nation's sovereignty and should not be permitted PRACTICE AND PROCEDURE – stay of proceedings – where taking evidence from fourth respondent in absence of permission from foreign nation would breach the sovereignty of that nation – where fourth respondent can not as a result be cross-examined – where trial would involve contentious issues of credit as between fourth respondent and others – where to proceed to trial without cross-examination of fourth respondent would not be procedurally fair – where absence of national permission may perhaps change in the indefinite future – proceeding stayed until further order