Crawley v Vero Insurance Ltd (No 7) [2014] NSWSC 80

Crawley v Vero Insurance Ltd (No 7) [2014] NSWSC 80

The letter dated 7 February 2006 is excluded under s 131(1) of the Evidence Act as a communication in connection with settlement negotiations. The reasons for judgment in Short v Crawley (No 30) [2007] NSWSC 1322 are admissible to assist in characterising the nature of liabilities for which indemnity is sought, but not to prove the existence of a fact in issue in the prior proceeding due to s 91.

Parties
Plaintiff: Christopher William Crawley; First Defendant: Vero Insurance Ltd; Second Defendant: HDI-Gerling Australia Insurance Company Pty Ltd; Third Defendant: Gordian Runoff Ltd; Fourth Defendant: Westport Insurance Corporation; Fifth Defendant: Zurich Specialities London Ltd; Sixth Defendant: LawCover Pty Ltd
Jurisdiction
Australia
Judgment Date
14 February 2014
Procedural Posture
Interlocutory Application / Evidentiary Ruling
Outcome
Tender of letter dated 7 February 2006 rejected; reasons for judgment in Short v Crawley (No 30) [2007] NSWSC 1322 admitted.
Legal Topics
Admissibility, Without Prejudice Privilege, Insurance Indemnity, Exclusionary Rules
Evidence Admissibility Without Prejudice Privilege Insurance Indemnity Exclusionary Rules

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Parties

Christopher William Crawley

Plaintiff

Vero Insurance Ltd

First Defendant

HDI-Gerling Australia Insurance Company Pty Ltd

Second Defendant

Gordian Runoff Ltd

Third Defendant

Westport Insurance Corporation

Fourth Defendant

Zurich Specialities London Ltd

Fifth Defendant

LawCover Pty Ltd

Sixth Defendant

Procedural Posture

Interlocutory Application / Evidentiary Ruling

Legal Issues

  1. 1 Whether letter dated 7 February 2006 is admissible in evidence
  2. 2 Whether reasons for judgment in Short v Crawley (No 30) [2007] NSWSC 1322 are admissible in evidence under Evidence Act limitations

Ratio Decidendi

The letter dated 7 February 2006 is excluded under s 131(1) of the Evidence Act as a communication in connection with settlement negotiations. The reasons for judgment in Short v Crawley (No 30) [2007] NSWSC 1322 are admissible to assist in characterising the nature of liabilities for which indemnity is sought, but not to prove the existence of a fact in issue in the prior proceeding due to s 91.

Court Disposition

Tender of letter dated 7 February 2006 rejected; reasons for judgment in Short v Crawley (No 30) [2007] NSWSC 1322 admitted.

Orders

  • Tender of letter dated 7 February 2006 rejected.
  • Reasons for judgment in Short v Crawley (No 30) [2007] NSWSC 1322 admitted as exhibit 1.