Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 8) [2020] NSWLEC 148

Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 8) [2020] NSWLEC 148

The letter was prepared in connection with ongoing attempts to negotiate settlement of a dispute and is protected from disclosure by negotiation privilege under s 131(1) of the Evidence Act 1995. None of the applicant's asserted exceptions under s 131(2) were made out, as there was no consent to disclosure, no loss of confidentiality, and no statements abrogating privilege. Accordingly, the tender was rejected.

Parties
Applicant/first Cross Respondent; First Respondent: Verde Terra Pty Ltd; Respondent/cross Claimant; Applicant: Central Coast Council; Second Cross Respondent: Mangrove Mountain Landfill Pty Ltd; Third Cross Respondent: Mangrove Properties (NSW) Pty Ltd; Second Respondent: Environment Protection Authority
Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Class 4 / Voir Dire on Admissibility of Documentary Evidence During Trial
Outcome
Tender rejected. Communication protected by negotiation privilege.
Legal Topics
Negotiation Privilege, Admissibility of Documentary Evidence, Settlement Negotiations
Evidence Law Negotiation Privilege Admissibility of Documentary Evidence Settlement Negotiations

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Parties

Verde Terra Pty Ltd

Applicant/first Cross Respondent; First Respondent

Central Coast Council

Respondent/cross Claimant; Applicant

Mangrove Mountain Landfill Pty Ltd

Second Cross Respondent

Mangrove Properties (NSW) Pty Ltd

Third Cross Respondent

Environment Protection Authority

Second Respondent

Procedural Posture

Class 4 / Voir Dire on Admissibility of Documentary Evidence During Trial

Legal Issues

  1. 1 Whether the letter dated 16 July 2014 is protected by negotiation privilege under s 131(1) of the Evidence Act 1995
  2. 2 Whether any exceptions under s 131(2)(b)-(d) of the Evidence Act 1995 apply to allow its tender

Ratio Decidendi

The letter was prepared in connection with ongoing attempts to negotiate settlement of a dispute and is protected from disclosure by negotiation privilege under s 131(1) of the Evidence Act 1995. None of the applicant's asserted exceptions under s 131(2) were made out, as there was no consent to disclosure, no loss of confidentiality, and no statements abrogating privilege. Accordingly, the tender was rejected.

Court Disposition

Tender rejected. Communication protected by negotiation privilege.

Orders

  • Tender of the letter dated 16 July 2014 rejected due to privilege under s 131(1) of the Evidence Act 1995.