Australian Medical Imaging Pty Ltd v Marconi Medical Systems Australia Pty Ltd [2001] NSWSC 651

Reported Decision : 53 NSWLR 1

New South Wales Supreme Court

CITATION : Australian Medical Imaging Pty Ltd v Marconi Medical Systems Australia Pty Ltd [2001] NSWSC 651 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 3471/01 HEARING DATE(S) : 27 July 2001 - Ex tempore JUDGMENT DATE : 27 July 2001

PARTIES : Australian Medical Imaging Pty Ltd (Plaintiff) Marconi Medical Systems Australia Pty Ltd (Defendant) JUDGMENT OF : Palmer J

COUNSEL : W.G. Muddle (Plaintiff) M.R. Speakman (Defendant) SOLICITORS : Bruce & Stewart Commercial Practice (Plaintiff) Baker & McKenzie (Defendant) CATCHWORDS : PRACTICE AND PROCEDURE - EVIDENCE - VIDEO LINK EVIDENCE - Application to take evidence of overseas witnesses by video link - inconvenience in coming to Australia shown in respect of two witnesses - no inconvenience shown in respect of other witnesses - whether the principle upon which the Court now acts is that evidence at trial of an overseas witness may be given by video link unless good reason is shown to the contrary - differing views in the authorities - held - until the Rules of Court are amended to provide otherwise, it should be assumed that an overseas witness required for cross examination will attend in person to give evidence and that evidence by video link will be allowed only upon application supported by evidence showing a good reason for the witness not to attend in person. LEGISLATION CITED : Supreme Court Act, ss.76A, 82 Supreme Court Rules, Pt 34 r 6(1) - Cigna Insurance Australia Ltd v. CSR Ltd (unrep. NSWSC 29 November 1995, Rolfe J) CASES CITED : - Sunstate Airlines (Qld) Pty Ltd v First Chicago Australia Securities Ltd (unrep. SCNSW, 11 March 1997) - Tetra Pak Marketing Pty Ltd v Musashi Pty Ltd [2000] FCA 1261 DECISION : Application allowed in respect of two witnesses, dismissed in respect of other witnesses.