Commonwealth Development Bank of Australia Pty Limited & Anor v Claude George Rene Cassegrain; Gerald Cassegrain & Co Pty Limited & Ors v Commonwealth Development Bank of Australia Pty Limited & Ors; [2002] NSWSC 940

Commonwealth Development Bank of Australia Pty Limited & Anor v Claude George Rene Cassegrain; Gerald Cassegrain & Co Pty Limited & Ors v Commonwealth Development Bank of Australia Pty Limited & Ors; [2002] NSWSC 940

Evidence relating to what occurred during mediation is admissible in this case due to the allegations of unconscionable conduct, emotional strain, and serious misconduct pleaded by the Cassegrain parties, which bring the case within exceptions to s 15 of the Act as recognised in Gain v Commonwealth Bank of Australia.

Parties
Plaintiff (50062/00) Defendant (50072/00): Commonwealth Development Bank of Australia Pty Limited; Defendant (50062/00): Claude George Rene Cassegrain; Plaintiff (50072/00): Gerald Cassegrain & Co. Pty Limited; 3rd Defendant (50072/00): Murray Smith; 3rd Defendant (50072/00): Scott Kershaw
Jurisdiction
Australia
Judgment Date
09 October 2002
Procedural Posture
Civil / Evidentiary Ruling on Admissibility of Mediation Evidence
Outcome
Evidence held admissible
Legal Topics
Admissibility of Evidence From Mediation, Farm Debt Mediation Act 1994 (nsw), Allegations of Misconduct and Unconscionable Conduct
Evidence Civil Procedure Admissibility of Evidence From Mediation Farm Debt Mediation Act 1994 (nsw) Allegations of Misconduct and Unconscionable Conduct

Case Brief

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Parties

Commonwealth Development Bank of Australia Pty Limited

Plaintiff (50062/00) Defendant (50072/00)

Claude George Rene Cassegrain

Defendant (50062/00)

Gerald Cassegrain & Co. Pty Limited

Plaintiff (50072/00)

Murray Smith

3rd Defendant (50072/00)

Scott Kershaw

3rd Defendant (50072/00)

Procedural Posture

Civil / Evidentiary Ruling on Admissibility of Mediation Evidence

Legal Issues

  1. 1 Whether s 15 of the Farm Debt Mediation Act 1994 (NSW) prevents admissibility of evidence relating to mediation
  2. 2 Whether allegations of serious misconduct or unconscionable conduct allow for the admission of otherwise excluded evidence
  3. 3 Whether consensual waiver can permit adducing of evidence

Ratio Decidendi

Evidence relating to what occurred during mediation is admissible in this case due to the allegations of unconscionable conduct, emotional strain, and serious misconduct pleaded by the Cassegrain parties, which bring the case within exceptions to s 15 of the Act as recognised in Gain v Commonwealth Bank of Australia.

Court Disposition

Evidence held admissible

Orders

  • Relevant paragraphs relating to events during mediation are allowed as evidence