Event and Time
Event Description
In the case SYG 2771 of 2019, the court is hearing arguments concerning the admissibility of over 2,000 WeChat communications as part of a proceeding that has already occupied over 11 days of hearings. The discussions revolve around allowing translations of these communications, which are primarily in Mandarin, into English, and whether the translations can be considered reliable and relevant for the case.
Application and Claims
- The applicants seek leave to rely on non-NAATI-certified translations of the WeChat communications.
- The translations are produced by native Cantonese or Mandarin speakers who are part of the document review team employed by the applicants’ solicitors' firm.
- There is a challenge to the admissibility of these translations based on their certification and reliability.
Judicial Decisions
- The judge expresses that there is apparent relevance to the WeChat communications in the case.
- After considering the qualifications of the translators and the possible implications of excluding the translations, the court grants leave for the applicants to adduce the translations of the 1400 pages of Mandarin WeChat communications, recognizing the importance of these communications for a just resolution of the proceeding.
Dispute Points and Legal Basis
Dispute Points
Applicants' Arguments:
- The translations are supplied by translators with relevant expertise (native speakers and trained in written Chinese).
- The evidence in question has apparent relevance to the ongoing proceeding.
- Not allowing the translations could prejudice their case due to incomplete evidence.
Respondents' Arguments:
- The non-NAATI certification of the translations questions their reliability.
- The respondents argue that they did not receive the translations until close to the hearing date, which could impact their ability to prepare an effective case.