Lawrence v Arambasic [2023] NSWSC 964

Supreme Court New South Wales

Medium Neutral Citation: Lawrence v Arambasic [2023] NSWSC 964 Hearing dates: 16 August 2023 Date of orders: 16 August 2023 Decision date: 16 August 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Direct that, pursuant to r 31.3 of the Uniform Civil Procedure Rules 2005 and s 5B(1) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), Saifur Rahman's evidence be taken by audio visual link from Bangladesh. (2) Order that the costs of the current application be reserved. Catchwords: CIVIL PROCEDURE – application for witness in Bangladesh to give evidence by audio visual link – where witness' credit will be in issue – whether unfair to the defendant – application granted Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Antov v Bokan (No 2) (2019) 101 NSWLR 142; [2019] NSWCA 250 Filby v TEG Live Pty Ltd [2022] NSWSC 1280 North v Daniel [2021] NSWSC 828 Sanson v Sanson [2021] NSWSC 417 Category: Procedural rulings Parties: Jasmin White (second plaintiff) Steve Slobodan Arambasic (defendant) Representation: Counsel: N Dewan (second plaintiff) S Lipp with A Tembe (defendant)

Solicitors: File Number(s): 2023/199584 Publication restriction: Nil

JUDGMENT EX TEMPORE

Introduction 1. This is an application brought by Jasmin White ('the second plaintiff') pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) ('the Act'), and r 31.3 of the Uniform Civil Procedure Rules 2005 (NSW) ('the UCPR') that a witness – Saifur Rahman – be permitted to give evidence via audio-visual link. 2. The defendant opposes the making of the order.