In the matter of Mustang Marine Australia Services Pty Limited (in liquidation)

In the matter of Mustang Marine Australia Services Pty Limited, the liquidators sought to examine a key witness, who was based in Singapore, in relation to the liquidation proceedings. The witness was unwilling and unable to travel to Sydney for cross-examination. The case was heard in the Supreme Court of New South Wales. The central issue before the court was whether the Court could issue a compulsory process to a person outside the jurisdiction and whether such a process could be enforced in another jurisdiction. Additionally, the court considered whether taking evidence on commission was a viable alternative and whether using an audio-visual link was preferable for reasons of economy and the court's ability to evaluate the evidence.

The court determined that while it had the inherent jurisdiction to issue a compulsory process to a person outside the jurisdiction, such a process was not enforceable in another jurisdiction. Consequently, the court considered other methods to ensure the witness's evidence was properly obtained and evaluated. The court found that taking evidence on commission in Singapore was a feasible alternative. However, the court preferred the use of an audio-visual link from Singapore due to its economy and the ability to more effectively evaluate the evidence in real-time. The court concluded that this method would allow for proper cross-examination and ensure that the evidence was reliable and admissible.

The court's decision highlighted the practical challenges of obtaining evidence from witnesses located outside the jurisdiction. By opting for an audio-visual link, the court balanced the need for effective cross-examination with the constraints of geographical limitations and jurisdictional boundaries. The court's approach ensured that the evidence obtained was both comprehensive and admissible, thereby facilitating a fair and just resolution of the liquidation proceedings.