Faulkner v Tidewater Marine Australia Pty Ltd (No.4)

In *Faulkner v Tidewater Marine Australia Pty Ltd (No.4)*, the applicant sought to have a witness give evidence via video link before Judge Antoni Lucev in the Supreme Court of Western Australia. The application was made on the final day of a multi-day hearing, and the witness was located overseas. This application had been previously withdrawn by the applicant.

The central legal issue before the Court was whether to grant the application for the witness to give evidence by video link, considering the timing of the application, its prior withdrawal, and the importance of the witness's evidence to the proceedings. The Court was required to weigh the potential prejudice to the respondent against the benefit of receiving the witness's testimony.

Judge Lucev reasoned that while the Court has a broad discretion to allow evidence by video link, particularly where a witness is overseas, the circumstances of this application were problematic. The application was made on the last day of the hearing, which risked causing significant disruption and prejudice to the respondent. Furthermore, the fact that the application had been previously withdrawn suggested a lack of preparedness and potentially tactical maneuvering by the applicant. The Court considered the importance of the witness's evidence but ultimately found that the lateness of the application and the prior withdrawal outweighed the benefits, particularly in the absence of compelling reasons for the delay.

The application was dismissed.