Australian Securities and Investments Commission v Wilson (No 2) [2021] FCA 808

Federal Court of Australia

Australian Securities and Investments Commission v Wilson (No 2) [2021] FCA 808 File number: WAD 259 of 2018

Judgment of: JACKSON J

Date of judgment: 16 July 2021

Catchwords: PRACTICE AND PROCEDURE - interlocutory application for witness to give evidence by video link - witness resides in United States of America - to give evidence in person witness would have to undertake 14 days' mandatory hotel quarantine as a result of COVID-19 pandemic - witness unwilling to do so - credit likely to be in issue - significant delay likely if trial adjourned - possible prejudice to plaintiff if trial does not proceed - leave granted for witness to give evidence by video link

Legislation: Federal Court of Australia Act 1976 (Cth) s 47A Emergency Management Act 2005 (WA) ss 3, 56, 61 Controlled Border for Western Australia Directions paras 7, 8, 15, 17, 31, 40, Schedule 2, Schedule 4 paras 4, 7, 10, 13, 14

Cases cited: Auken Animal Husbandry Pty Ltd v 3RD Solution Investment Pty Ltd [2020] FCA 1153; (2020) 147 ACSR 521 Australian Competition and Consumer Commission v FFE Building Services Ltd [2003] FCAFC 132; (2003) 130 FCR 37 Australian Securities and Investments Commission v Wilson [2020] FCA 873; (2020) 146 ACSR 149 Long Forest Estate Pty Ltd v Singh [2020] VSC 604 Rich v Australian Securities and Investments Commission [2004] HCA 42; (2004) 220 CLR 129 Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614; (2020) 277 FCR 337 Roberts-Smith v Fairfax Media Publications Pty Limited (No 10) [2021] FCA 317; (2021) 151 ACSR 79 Sanson v Sanson [2021] NSWSC 417 Universal Music Publishing Pty Ltd v Palmer [2020] FCA 1472