Federal Court of Australia
Federal Court of Australia
Rossi v Qantas Airways Limited (No 3) [2021] FCA 942 File number: NSD 1549 of 2019
Judgment of: BANKS-SMITH J
Date of judgment: 9 August 2021
Date of publication of reasons: 10 August 2021
Catchwords: PRACTICE AND PROCEDURE - application by respondent on first day of trial for trial to be adjourned part-heard on completion of the allocated four days - where witness unavailable by reason of hospital admission - submission that witness's evidence critical to respondent's case - whether unfair prejudice to applicant in delaying completion of proceeding - whether unfair prejudice to respondent in proceeding without witness's evidence - application allowed
Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 173 Magi Enterprises Pty Ltd v Luvalot Clothing Pty Ltd [2017] FCA 340
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 41
Date of hearing: 9 August 2021
Counsel for the Applicant: Ms K Edwards with Ms A Costin
Solicitor for the Applicant: Harmers Workplace Lawyers
Counsel for the Respondent: Ms E Raper SC with Mr A Smorchevsky
Solicitor for the Respondent: Ashurst Australia
ORDERS NSD 1549 of 2019
BETWEEN: SARA ROSSI Applicant
AND: QANTAS AIRWAYS LIMITED Respondent
order made by: BANKS-SMITH J DATE OF ORDER: 9 AUGUST 2021
THE COURT ORDERS THAT:
1. By 4.30 pm AEST on 11 August 2021 and subject to further order, the respondent provide a medical certificate from one of Mr John McCristal's medical practitioners stating: (a) the medical basis upon which Mr McCristal is unable to attend court (via internet video connection) and give evidence in this matter during the dates of 9 to 12 August 2021; (b) the length of time during which it is currently expected that Mr McCristal will be unable to give such evidence; and (c) whether, if Mr McCristal remains in [redacted] Private Hospital beyond 23 August 2021, he will be permitted by the hospital to have access to online facilities so that he can give his evidence by internet video connection. 2. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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