OLI 1 Pty Ltd (in liq) v OLG 1 Pty Ltd [2022] NSWSC 891

Supreme Court New South Wales

Medium Neutral Citation: OLI 1 Pty Ltd (in liq) v OLG 1 Pty Ltd [2022] NSWSC 891 Hearing dates: 14 June 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Common Law Before: Hamill J Decision: The Court orders: (1) The third defendant has leave to provide her evidence in chief and be cross-examined at the final hearing of this matter, which is set down from 12 to 14 July 2022, by audio visual link from the United States of America to the courtroom in which the hearing is otherwise taking place in person. (2) The defendants' notice of motion filed on 19 May 2022 (the notice of motion) be otherwise dismissed. (3) The costs of the notice of motion are the plaintiff's costs in the proceedings. The Court notes the agreement of the parties that: (1) The hearing on 12 to 14 July 2022 will take place in person, save for the matters set out in order 1 of these orders which provide that the third defendant has leave to give her evidence and be cross-examined by audio visual link from the United States of America to the courtroom in which the hearing is otherwise taking place in person. (2) Order 1 of these orders is consented to by the plaintiff solely on the basis that the third defendant is in the United States of America in the period from 12 to 14 July 2022. If the third defendant is present in the jurisdiction during the hearing of the matter (whether on 12 to 14 July 2022 or any other date) then the third defendant is to give evidence in person. Catchwords: EVIDENCE – application to give evidence by audio visual link – Section 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) – application not opposed – no question of principle Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B Category: Procedural rulings Parties: OLI 1 Pty Ltd (in liquidation) (Plaintiff) OLG 1 Pty Ltd (First Defendant) Nicholas James O'Day (Second Defendant) Jeannene Bernadette O'Day (Third Defendant) Representation: Counsel: M Peach (Plaintiff) N O'Day (First and Second Defendants) A Craven (Third Defendant)