Federal Court of Australia
Federal Court of Australia Liu v Option Funds Management Limited [2022] FCA 444 File number: NSD 1212 of 2020
Judgment of: WIGNEY J
Date of judgment: 11 April 2022
Catchwords: PRACTICE AND PROCEDURE – application for leave to adduce evidence via video link from China – power to direct testimony by video link, audio link or other appropriate means in s 47A(1) of Federal Court of Australia Act 1976 (Cth) – Court to consider what is in the best interests of the administration of justice – where second plaintiff's evidence was relatively uncontentious and peripheral – considerations of the second plaintiff's serious state of health, travel restrictions and threat of COVID-19 – leave granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth), ss 47A(1), 47C Civil Procedure Law of the People's Republic of China, art 284
Cases cited: Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd [2014] FCA 544 Auken Animal Husbandry Pty Ltd v 3RD Solution Investment Pty Ltd [2020] FCA 1153 Joyce v Sunland Waterfront (BVI) Limited & Anor (2011) 195 FCR 213; [2011] FCAFC 95 Palmer v McGowan (No 2) [2022] FCA 32
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 50
Date of hearing: 11 April 2022
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