BENWORTH & BENWORTH

In the matter of *Benworth & Benworth*, Rose J of the Supreme Court of New South Wales considered an application concerning the giving of oral evidence. The specific nature of the dispute between the parties, Ms W and the other party identified as Benworth, is not detailed, but the central issue revolved around the method by which Ms W would present her testimony.

The primary legal issue before the Court was whether Ms W should be permitted to give oral evidence via a telephone link. This required the Court to consider the practicalities and legal implications of allowing evidence to be adduced remotely, balancing the need for effective participation in proceedings with the potential challenges of remote testimony.

Rose J determined that, by consent of the parties, Ms W would be permitted to give oral evidence by telephone link. This consent obviated the need for a detailed judicial determination on the merits of allowing remote evidence, indicating an agreement between the parties on this procedural matter. The Court's order reflected this mutual agreement.