DTC No 1 Pty Ltd & ors v David Norman Matthew & ors [2009] NSWSC 1280

DTC No 1 Pty Ltd & ors v David Norman Matthew & ors [2009] NSWSC 1280

The Court was satisfied that evidence already adduced or inferred from existing evidence was likely to mislead unless the contested 'without prejudice' material was admitted, therefore that material was admitted under s 131(2)(g) Evidence Act 1995.

Parties
First Plaintiff: DTC No 1 Pty Ltd; Second Plaintiff: Weriton Pty Ltd; Third Plaintiff: Graham Keith Werry; Fourth Plaintiff: Weriton Properties Pty Ltd; First Defendant: David Norman Matthew; Second Defendant: Joy Elizabeth Matthew
Jurisdiction
Australia
Judgment Date
13 October 2009
Procedural Posture
Equity / Evidentiary Ruling
Outcome
Evidence admitted
Legal Topics
Admissibility of Without Prejudice Communications, Misleading Evidence, Relevancy
Evidence Admissibility of Without Prejudice Communications Misleading Evidence Relevancy

Case Brief

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Parties

DTC No 1 Pty Ltd

First Plaintiff

Weriton Pty Ltd

Second Plaintiff

Graham Keith Werry

Third Plaintiff

Weriton Properties Pty Ltd

Fourth Plaintiff

David Norman Matthew

First Defendant

Joy Elizabeth Matthew

Second Defendant

Procedural Posture

Equity / Evidentiary Ruling

Legal Issues

  1. 1 Whether without prejudice communications are admissible given potential for misleading evidence

Ratio Decidendi

The Court was satisfied that evidence already adduced or inferred from existing evidence was likely to mislead unless the contested 'without prejudice' material was admitted, therefore that material was admitted under s 131(2)(g) Evidence Act 1995.

Court Disposition

Evidence admitted

Orders

  • Material under objection admitted as PX09