NSI Group Pty Ltd v Mokas [2006] NSWSC 1077

NSI Group Pty Ltd v Mokas [2006] NSWSC 1077

The without prejudice correspondence was admissible because, insofar as it was relied on to establish an implied agreement to abandon the alleged settlement agreement, it fell within s 131(2)(f); alternatively, if not within that paragraph, it fell within s 131(2)(g) because without it the Court would be likely to be misled.

Jurisdiction
Australia
Judgment Date
25 September 2006
Procedural Posture
Evidence Ruling in Equity Division Proceedings / Admissibility Objection to Without Prejudice Correspondence
Outcome
Without prejudice material admitted under exceptions to section 131 of the Evidence Act 1995.
Legal Topics
['without Prejudice Communications' 'admissions' 'settlement Communications' 'exceptions to Inadmissibility Under Evidence Act 1995 S 131']
['evidence'] ['without Prejudice Communications' 'admissions' 'settlement Communications' 'exceptions to Inadmissibility Under Evidence Act 1995 S 131']

Case Brief

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Procedural Posture

Evidence Ruling in Equity Division Proceedings / Admissibility Objection to Without Prejudice Correspondence

Legal Issues

  1. 1 ['Whether correspondence marked without prejudice was admissible despite s 131 of the Evidence Act 1995.' 'Whether alleged abandonment of a settlement agreement fell within exceptions in s 131(2), including s 131(2)(f) or s 131(2)(g).']

Ratio Decidendi

The without prejudice correspondence was admissible because, insofar as it was relied on to establish an implied agreement to abandon the alleged settlement agreement, it fell within s 131(2)(f); alternatively, if not within that paragraph, it fell within s 131(2)(g) because without it the Court would be likely to be misled.

Court Disposition

Without prejudice material admitted under exceptions to section 131 of the Evidence Act 1995.

Orders

  • ["Paragraphs of Mr Mokas' evidence which were objected to admitted." 'Bundle of disputed documents admitted as exhibit DX101 to 110.']