C J Redman Constructions Pty Ltd v Tarnap Pty Ltd [2006] NSWSC 173

C J Redman Constructions Pty Ltd v Tarnap Pty Ltd [2006] NSWSC 173

Although the letter alluded to settlement discussions, it gave no detail of those discussions and did not involve any admission by or attributed to either party. Construed by reference to the purpose of without prejudice privilege, "in connection with" in section 131(1) did not extend to this letter merely because it referred to settlement negotiations. The relevant connection with an attempt to negotiate settlement was absent, so the letter was not privileged.

Jurisdiction
Australia
Judgment Date
09 March 2006
Procedural Posture
Application as Though on an Ex Parte Basis for a Mareva Order / Ex Tempore Ruling on Objection to Tender of Letter
Outcome
Evidence not privileged; objection overruled.
Legal Topics
['without Prejudice Privilege' 'section 131 Evidence Act 1995' 'admissibility of Settlement Communications' 'mareva Order Application']
['evidence'] ['without Prejudice Privilege' 'section 131 Evidence Act 1995' 'admissibility of Settlement Communications' 'mareva Order Application']

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Procedural Posture

Application as Though on an Ex Parte Basis for a Mareva Order / Ex Tempore Ruling on Objection to Tender of Letter

Legal Issues

  1. 1 ['Whether a letter headed "Without Prejudice Save as to Costs" was excluded from evidence by without prejudice privilege under section 131 Evidence Act 1995.' 'Whether the letter was a communication or document made or prepared "in connection with" an attempt to negotiate a settlement of a dispute within section 131(1) Evidence Act 1995.']

Ratio Decidendi

Although the letter alluded to settlement discussions, it gave no detail of those discussions and did not involve any admission by or attributed to either party. Construed by reference to the purpose of without prejudice privilege, "in connection with" in section 131(1) did not extend to this letter merely because it referred to settlement negotiations. The relevant connection with an attempt to negotiate settlement was absent, so the letter was not privileged.

Court Disposition

Evidence not privileged; objection overruled.

Orders

  • ['The objection is overruled.']