Houghton v Potts [2022] NSWSC 464

Supreme Court New South Wales

Medium Neutral Citation: Houghton v Potts [2022] NSWSC 464 Hearing dates: 12 and 14 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Common Law Before: Fagan J Decision: 1. The proceedings are listed for final hearing commencing on 10 October 2022 with an estimate of five days. 2. Order pursuant to s 5B Evidence (Audio and Audiovisual Links) Act 1998 that the evidence of the plaintiff in each action be taken by audiovisual link. 2. Direct that the parties confer concerning any further directions or orders that may be required, in particular relating to whether the evidence of Mr Chris Long and/or the evidence of any other witness should be taken by audiovisual link, and the parties are to forward to my Associate any agreed directions relevant to the conduct of the trial. 3. Grant liberty to the parties to apply to Fagan J on 48 hours' notice for any further directions that may be necessary to ensure that the trial can be conducted efficiently. Catchwords: EVIDENCE – Witness evidence – Plaintiffs resident in the United Kingdom and unable to travel to New South Wales – Whether the plaintiffs' evidence should be taken by having a judge of the Court travel to the United Kingdom – Whether the plaintiffs' evidence should be taken by audiovisual link – The Court's experience of using audiovisual link technology – The use of audiovisual link not unfair to either party Legislation Cited: Evidence Act 1995 (NSW) Evidence (Audio and Audiovisual Links) Act 2019 (NSW) Category: Procedural rulings Parties: Darren Houghton Joanne Houghton (plaintiffs) Julie Potts (defendant) Representation: Counsel: D Campbell SC (plaintiff) N Polin (defendant)