Filby v TEG Live Pty Ltd [2022] NSWSC 1280

Supreme Court New South Wales

Medium Neutral Citation: Filby v TEG Live Pty Ltd [2022] NSWSC 1280 Hearing dates: 12 September 2022 Date of orders: 12 September 2022 Decision date: 12 September 2022 Jurisdiction: Equity Before: Slattery J Decision: Witness permitted to give evidence by audio visual link (AVL). Parties cautioned to ensure that applications for the giving of evidence by AVL must be made before witnesses leave the jurisdiction except in the most urgent and compelling personal circumstances. No costs orders made. Catchwords: CIVIL PROCEDURE – application for giving evidence by audio visual link – application made on the first day of the hearing – principal witness for the defendant lives in Australia and was scheduled to give evidence in Australia six months before the hearing – the defendant organises for the witness to conduct an overseas trip for business purposes, either knowing that it will conflict with his requirement to give evidence, or ignoring the fact that such a requirement exists – the defendant then applies for an AVL hearing when the witness is overseas, attempting to present the Court with a fait accompli before it exercises its discretion – whether the AVL application should be granted in the circumstances – consideration of competing factors. Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998, s 5B Uniform Civil Procedure Rules 2005, r 31.3 Cases Cited: Antov v Bokan (No 2) [2019] NSWCA 250 Category: Procedural rulings Parties: Plaintiff: Mark Filby Defendant: TEG Live Pty Ltd Representation: Counsel: Plaintiff: C. Hart Defendant: C. Gleeson