MELCO RESORTS (MACAU) LTD v WU (No 3)

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MELCO RESORTS (MACAU) LTD v WU (No 3) Supreme Court of VictoriaConnock J 7, 13, 14, 20, 21 November 2025[2025] VSC 725Practice and procedure — Evidence — Witnesses — Letter of request to judicial authority to facilitate audio-visual examination and cross-examination — Witness based in China and subject to travel restrictions — PRC Civil Procedure Law prohibited taking of evidence from a China-based witness without the permission of the competent Chinese authorities — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13.

Article 1 of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Convention) provided that a judicial authority of a Contracting State may request the competent authority of another Contracting State, by means of a letter of request, to obtain evidence for use in civil proceedings in the first state.

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