Auken Animal Husbandry Pty Ltd v 3RD Solution Investment Pty Ltd [2020] FCA 1153

Federal Court of Australia

Auken Animal Husbandry Pty Ltd v 3RD Solution Investment Pty Ltd [2020] FCA 1153 File number: NSD 2412 of 2018

Judgment of: STEWART J

Date of judgment: 11 August 2020

Catchwords: PRACTICE AND PROCEDURE – where eight of the applicant's witnesses are resident in China – where travel from China is prevented due to SARS-CoV-2 pandemic – whether in the interests of the administration of justice to allow evidence to be given by overseas witnesses through video link – whether Chinese Civil Procedure Law prevents witnesses giving evidence by video link from China to Australia – whether relevant Chinese authority has given approval for evidence to be given from China – where circumstances of pandemic will otherwise result in a substantial and indeterminate delay to trial – whether cross-examination with interpretation and allegations of fraud suitable over video link – whether appropriate safeguards for the integrity of evidence provided over video link – leave granted subject to conditions PRACTICE AND PROCEDURE – application for notice order as precursor to possible freezing order – where allegations of fraudulent conduct – where inter partes undertakings have been proffered – whether sufficient danger that prospective judgment will be wholly or partly unsatisfied – application refused

Legislation: Federal Court of Australia Act 1976 (Cth) ss 47A, 47C Federal Court Rules 2011 (Cth) rr 7.32, 7.35 Civil Procedure Law of the People's Republic of China (1991) and (revised 2017) 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)