McWILLIAM & ORS v WATSON & ORS [2000] NSWSC 760

McWILLIAM & ORS v WATSON & ORS [2000] NSWSC 760

Because the defendants' case before the Master included an allegation of unjustifiable delay in seeking an extension of time limits specified in self-executing orders, the course of the negotiations, insofar as it explained the delay, was admissible under section 131 (2)(g).

Jurisdiction
Australia
Judgment Date
18 July 2000
Procedural Posture
Common Law / Ruling on Defendants' Objection to Reception of Fresh Evidence
Outcome
Defendants' objection rejected; evidence admitted.
Legal Topics
['evidence of Settlement Negotiations' 'evidence Act 1995 S 131' 'fresh Evidence' 'delay in Seeking Extension of Time Limits' 'self Executing Orders']
['evidence' 'civil Procedure'] ['evidence of Settlement Negotiations' 'evidence Act 1995 S 131' 'fresh Evidence' 'delay in Seeking Extension of Time Limits' 'self Executing Orders']

Case Brief

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Procedural Posture

Common Law / Ruling on Defendants' Objection to Reception of Fresh Evidence

Legal Issues

  1. 1 ['Whether evidence of settlement negotiations should be admitted despite objection under s 131 of the Evidence Act (1995).' 'Whether the course of negotiations was admissible to explain delay in seeking an extension of the time limits specified in self-executing orders.']

Ratio Decidendi

Because the defendants' case before the Master included an allegation of unjustifiable delay in seeking an extension of time limits specified in self-executing orders, the course of the negotiations, insofar as it explained the delay, was admissible under section 131 (2)(g).

Court Disposition

Defendants' objection rejected; evidence admitted.

Orders

  • ['The material was admissible under section 131 (2)(g).']