NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Dunbrae Pty Ltd v Armani Restaurant Pty Ltd [2022] NSWDC 308 Hearing dates: 28 July 2022 Date of orders: 28 July 2022 Decision date: 03 August 2022 Jurisdiction: Civil Before: Montgomery DCJ Decision: Application for evidence to be taken by AVL from United Arab Emirates denied Catchwords: CIVIL PROCEDURE – audio-visual link – whether taking evidence by video link to foreign country intrudes on sovereignty of foreign country – relevance of international comity – application of Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B – application to state court of principles in Wang Chunfeng v Law Society of New South Wales [2022] NSWSC 986; Joyce v Sunland Waterfront (BVI) Ltd (2011) 195 FCR 213; [2011] FCAFC 95 Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B Federal Court of Australia Act 1976 (Cth), ss 47A Cases Cited: Joyce v Sunland Waterfront (BVI) Ltd (2011) 195 FCR 213; [2011] FCAFC 95 Wang Chunfeng v Law Society of New South Wales [2022] NSWSC 986 Category: Procedural rulings Parties: Dunbrae Pty Limited, Plaintiff/Cross Defendant Armani Restaurant Pty Ltd, Defendant/Cross Claimant Representation: Counsel: Mr Kaufmann, Counsel for the Plaintiff/Cross Defendant Mr Oakes, Counsel for the Defendant/Cross Claimant
Solicitors: Rostron Carlyle Rojas Lawyers, Solicitors for the Plaintiff/Cross Defendant Grove Lawyers, Solicitors for the Defendant/Cross Claimant File Number(s): 2019/00016357
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