Rajski & Anor v Tectran Corporation Pty Limited & Ors [2003] NSWSC 476

Rajski & Anor v Tectran Corporation Pty Limited & Ors [2003] NSWSC 476

Section 110P(4) and (5) of the Supreme Court Act 1970 (NSW) operate to prohibit admission of material generated in mediation in proceedings, save for consent or statutory exceptions; the general provisions of s.131 Evidence Act 1995 (NSW) do not override these special provisions; even if admissible, evidence should be excluded under s.135 Evidence Act as its probative value is outweighed by risk of confusion and waste of resources.

Jurisdiction
Australia
Judgment Date
26 May 2003
Procedural Posture
Contested Application for Extension of Mediation / Ruling on Admissibility of Evidence During Hearing of Notice of Motion
Outcome
Evidence not admitted
Legal Topics
['mediation' 'admissibility of Evidence' 'privilege' 'extension of Mediation' 'evidence Exclusion']
['civil Procedure' 'evidence' 'adr'] ['mediation' 'admissibility of Evidence' 'privilege' 'extension of Mediation' 'evidence Exclusion']

Case Brief

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Procedural Posture

Contested Application for Extension of Mediation / Ruling on Admissibility of Evidence During Hearing of Notice of Motion

Legal Issues

  1. 1 ['Whether evidence of documents generated in mediation is admissible in proceedings seeking extension of mediation' 'Interpretation and application of ss.110P and 110K of the Supreme Court Act 1970 (NSW)' 'Interaction between Supreme Court Act and Evidence Act 1995 (NSW)']

Ratio Decidendi

Section 110P(4) and (5) of the Supreme Court Act 1970 (NSW) operate to prohibit admission of material generated in mediation in proceedings, save for consent or statutory exceptions; the general provisions of s.131 Evidence Act 1995 (NSW) do not override these special provisions; even if admissible, evidence should be excluded under s.135 Evidence Act as its probative value is outweighed by risk of confusion and waste of resources.

Court Disposition

Evidence not admitted

Orders

  • ['Refusal to admit letter dated 25 November 2002 into evidence.' 'Refusal to admit letter dated 22 November 2002 into evidence on discretionary grounds under s.135 Evidence Act.']