Federal Court of Australia
Federal Court of Australia
Deeming v Pesutto [2024] FCA 951 File number(s): VID 1023 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 22 August 2024
Catchwords: PRACTICE AND PROCEDURE – defamation – application for evidence of a witness to be heard via video link from England – where the evidence of the witness was directly relevant to significant pleaded issues – where opposing party submitted that the credit of the witness was sought to be put in issue – consideration of applicable principles – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 47A(1), 47A(4)(a), 47C, 47C(1)(a), 47C(1)(b), 47C(3)(a), 47C(3)(b), 47C(2), 47C(4)
Cases cited: Blackrock Asset Management Australia Services Limited v Waked (No 2) [2011] FCA 479 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 231 FCR 531 Joy v UGL Operations and Maintenance Pty Ltd (No 3) [2024] FCA 279 Kirby v Centro Properties Ltd [2012] FCA 60; (2012) 288 ALR 601 Rush v Nationwide News Pty Ltd (No 4) [2018] FCA 1558 Southernwood v Brambles Ltd (No 2) [2022] FCA 973
Division: General Division
Registry: Victoria
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 38
Date of hearing: 19 August 2024
Counsel for the Applicant: S Chrysanthou SC
Solicitor for the Applicant: Giles George
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