Animax Pty LImited v Simlogic Pty Limited & Bohemia Interactive Australia Pty Limited, [2009] NSWDC 213

Animax Pty LImited v Simlogic Pty Limited & Bohemia Interactive Australia Pty Limited, [2009] NSWDC 213

The without prejudice letter was inadmissible because it merely showed that in May 2008 an offer to settle proceedings was made on certain terms; those terms did not qualify or contradict the open letter written about two months later, and there was no issue in the case concerning the contents of MFI 1 or any risk that the court would be misled as to the existence or contents of that excluded communication.

Jurisdiction
Australia
Judgment Date
12 August 2009
Procedural Posture
Civil / Objection to Tender of Without Prejudice Letter
Outcome
Tender rejected
Legal Topics
['without Prejudice Communications' 'settlement Negotiations' 'admissibility of Evidence' 'evidence Act 1995 (nsw) S 131(2)(g)']
['evidence'] ['without Prejudice Communications' 'settlement Negotiations' 'admissibility of Evidence' 'evidence Act 1995 (nsw) S 131(2)(g)']

Case Brief

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Procedural Posture

Civil / Objection to Tender of Without Prejudice Letter

Legal Issues

  1. 1 ['Whether a letter headed "Without Prejudice save as to costs" was inadmissible under Evidence Act 1995 (NSW) s 131(1).' 'Whether the exception in Evidence Act 1995 (NSW) s 131(2)(g) applied because the court was likely to be misled unless the letter was admitted to contradict or qualify an open letter already in evidence.']

Ratio Decidendi

The without prejudice letter was inadmissible because it merely showed that in May 2008 an offer to settle proceedings was made on certain terms; those terms did not qualify or contradict the open letter written about two months later, and there was no issue in the case concerning the contents of MFI 1 or any risk that the court would be misled as to the existence or contents of that excluded communication.

Court Disposition

Tender rejected

Orders

  • ['The tender of the letter was rejected.']