David Wong v State Street Global Advisors Australia Ltd & Anor [2004] NSWIRComm 122

Industrial Relations Commission of New South Wales in Court Session

CITATION : David Wong v State Street Global Advisors Australia Ltd & Anor [2004] NSWIRComm 122 FIRST RESPONDENT: State Street Global Advisors Australia Limited (ACN 003 914 225) PARTIES : SECOND RESPONDENT: State Street Corporation Inc

FILE NUMBER: IRC 4333 of 2001 CORAM: Schmidt J CATCHWORDS : Practice and Procedure - evidence - taking of evidence - video conferencing facility - overseas witnesses - whether witness is compellable - evidence by video link satisfactory - orders made

CASES CITED : Studniberg v J P Morgan Australia Limited (1998) 84 IR 86 HEARING DATES: 05/07/2004 EXTEMPORE JUDGMENT DATE : 05/07/2004

APPLICANT: Mr SJ Stanton of counsel SOLICITORS: Aitken McLachlan & Thorpe LEGAL REPRESENTATIVES: RESPONDENTS: Mr AR Moses of counsel SOLICITORS: Baker & McKenzie

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: Schmidt J

DATE: 7 May 2004

Matter Number IRC 4333 of 2001

DAVID WONG v STATE STREET GLOBAL ADVISORS AUSTRALIA LTD AND ANOTHER Application under section 106 of the Industrial Relations Act 1996

JUDGMENT Extempore

1 The question at issue here between the parties is whether or not evidence of two witnesses who reside in the United States be taken by video link. The applicant opposes the orders sought, given the importance of the evidence to the applicant's case, particularly in relation to questions of credit, on matters in issue between the parties. Questions of demeanour are also said to be likely to arise from the examination.