Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Adjournment) [2020] FCA 539 File number: NSD 1283 of 2017
Judge: PERRAM J
Date of judgment: 23 April 2020
Catchwords: PRACTICE AND PROCEDURE – application by Respondents for adjournment of trial – where virtual trial proposed in circumstances of COVID-19 pandemic – where Chinese law submitted by Respondents to prevent witnesses in China from giving evidence by video link – whether Applicant should be permitted to contradict evidence of witnesses in China without cross-examination – where Sydney-based witness diagnosed with COVID-19 – consideration of procedural risk and potential prejudice
Legislation: The Civil Procedure Law of the People's Republic of China (1991) Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Opened for signature 18 March 1970. 847 UNTS 231 (entered into force 7 October 1972)
Cases cited: Browne v Dunn (1893) 6 R 67 Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Defence Amendment) [2020] FCA 280
Date of hearing: 15 April 2020
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Mr C A Moore SC with Mr A R Lang
Solicitor for the Applicant: Herbert Smith Freehills
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