Nichia Corporation v Arrow Electronics Australia Pty Ltd (No 3) [2016] FCA 466

FEDERAL COURT OF AUSTRALIA

Nichia Corporation v Arrow Electronics Australia Pty Ltd (No 3) [2016] FCA 466 File number: NSD 558 of 2014

Judge: YATES J

Date of judgment: 5 May 2016

Catchwords: EVIDENCE – hearsay – exceptions to – where a person who has made a previous representation is not available – whether previous representation is first-hand hearsay – whether a person saw, heard or otherwise perceived the representation being made – discretionary grounds for exclusion PRACTICE AND PROCEDURE – testimony by video link – considerations – where witness resident in Germany – interruption of employment – importance of the evidence – prejudice to opposing party

Legislation: Evidence Act 1995 (Cth) ss 57, 59, 60, 63, 69, 135, 136 Federal Court of Australia Act 1976 (Cth) s 47A

Cases cited: Australian Competition and Consumer Commission v Air New Zealand Ltd (No 1) (2012) 207 FCR 448; [2012] FCA 1355 Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd [2014] FCA 544 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152; [2009] FCA 1306 Caterpillar Inc v John Deere Ltd (No 2) (2000) 181 ALR 108; [2000] FCA 1903 Cvetkovic v The Queen [2010] NSWCCA 329 Mastipour v Secretary, Department of Immigration and Multicultural and Indigenous Affairs (2004) 140 FCR 137; [2004] FCA 1571 Nichia Corporation v Arrow Electronics Australia Pty Ltd [2015] FCA 699 Stuke v ROST Capital Group Pty Ltd (2012) 207 FCR 86; [2012] FCA 1097 Winnebago Industries, Inc v Knott Investments Pty Ltd (No 3) [2014] FCA 1167