Glass v Demarco [1999] FCA 482

Glass v Demarco [1999] FCA 482

Evidence of settlement negotiations was inadmissible as neither s131(2)(g) nor s131(2)(i) applied; no relevant inference likely to mislead the court, nor an existing right affected by the offer. No sufficient basis was established for granting an extension of time to file further affidavits or pay the required sum into court. The debtor’s applications were refused.

Jurisdiction
Australia
Judgment Date
14 April 1999
Procedural Posture
Bankruptcy Petition / Interlocutory Application for Extension of Time and Evidentiary Rulings
Outcome
Application for extension of time refused. Debtor ordered to pay costs.
Legal Topics
['admissibility of Evidence of Settlement Negotiations' 'application for Extension of Time' 'payment of Money Into Court']
['bankruptcy' 'evidence'] ['admissibility of Evidence of Settlement Negotiations' 'application for Extension of Time' 'payment of Money Into Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Bankruptcy Petition / Interlocutory Application for Extension of Time and Evidentiary Rulings

Legal Issues

  1. 1 ['Whether evidence of settlement negotiations is admissible under Evidence Act 1995 (Cth) s131(1)' 'Whether exceptions in s131(2)(g) or s131(2)(i) apply to permit admissibility' 'Whether debtor should be granted extension of time to file further affidavits or pay money into court']

Ratio Decidendi

Evidence of settlement negotiations was inadmissible as neither s131(2)(g) nor s131(2)(i) applied; no relevant inference likely to mislead the court, nor an existing right affected by the offer. No sufficient basis was established for granting an extension of time to file further affidavits or pay the required sum into court. The debtor’s applications were refused.

Court Disposition

Application for extension of time refused. Debtor ordered to pay costs.

Orders

  • ['The application by the debtor for an extension of time within which to file further affidavits and to pay money into Court be refused.' 'The debtor pay the costs of today.']