Georgeski v Owners Corporation SP49833 [2004] NSWSC 945

Georgeski v Owners Corporation SP49833 [2004] NSWSC 945

The correspondence sought to be tendered was not admissible under either s.11 or s.131(2)(k) of the Evidence Act 1995. There was no abuse of process properly raised and no deliberate abuse of power shown. The s.131(1) exclusion applies.

Parties
Plaintiff: Annette Georgeski; First Defendant: Owners Corporation SP 49833; Second Defendant: Anne Catherine Hynd; Third Defendant: Joan Mary Hutchinson; Fourth Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
07 October 2004
Procedural Posture
Equity Proceeding / Ruling on Admissibility of Evidence
Outcome
Tender of correspondence rejected
Legal Topics
Admissibility of Settlement Correspondence, Abuse of Process
Evidence Admissibility of Settlement Correspondence Abuse of Process

Case Brief

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Parties

Annette Georgeski

Plaintiff

Owners Corporation SP 49833

First Defendant

Anne Catherine Hynd

Second Defendant

Joan Mary Hutchinson

Third Defendant

State of New South Wales

Fourth Defendant

Procedural Posture

Equity Proceeding / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether correspondence concerning settlement negotiations is admissible under exceptions in Evidence Act 1995
  2. 2 Whether s.11 or s.131(2)(k) of the Evidence Act 1995 applies

Ratio Decidendi

The correspondence sought to be tendered was not admissible under either s.11 or s.131(2)(k) of the Evidence Act 1995. There was no abuse of process properly raised and no deliberate abuse of power shown. The s.131(1) exclusion applies.

Court Disposition

Tender of correspondence rejected

Orders

  • The documents sought to be tendered by the second and third defendants, being the settlement correspondence in the period October 2003 to September 2004, are rejected in obedience to s.131(1) of the Evidence Act 1995.