Caterpillar Inc v John Deere Limited (No 2) (2000) 181 ALR 108

Facts: John Deere wanted to adduce hearsay evidence (transcripts from an expert witness (W) from a deposition in US case) as an exception under ss 63 or 64 Evidence Act. They claimed that an expert W located in the US was “not available” to travel to Australia as he didn’t respond to their lawyer's letter. However, they did not offer to pay his expenses, professional fees & it was not the expert W’s job to start these negotiations. John Deere also did not seek contact with him in other ways. As Caterpillar Inc was a big client of the expert W’s, it is not surprising that he did not respond the the lawyer’s letter. 

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