Kim v Lee & Ors [2006] NSWSC 1211

Kim v Lee & Ors [2006] NSWSC 1211

The affidavit evidence regarding earlier unsuccessful settlement attempts is inadmissible as it is irrelevant to the issues to be determined and there is no evidence that the alleged negotiator had authority to act for the defendants.

Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Evidence Motion in Defamation Proceedings / Interlocutory Application
Outcome
Paragraphs 13 to 16 of Mr Kim's affidavit struck out.
Legal Topics
['admissibility of Settlement Negotiations' 'relevancy' 'authority of Agent' 'defamation']
['evidence'] ['admissibility of Settlement Negotiations' 'relevancy' 'authority of Agent' 'defamation']

Case Brief

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Procedural Posture

Evidence Motion in Defamation Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether evidence of earlier unsuccessful settlement attempts is admissible' 'Whether Mr Choi had authority to negotiate on behalf of the defendants' 'Whether the evidence is relevant to rebut a defence that there was no offer to pay']

Ratio Decidendi

The affidavit evidence regarding earlier unsuccessful settlement attempts is inadmissible as it is irrelevant to the issues to be determined and there is no evidence that the alleged negotiator had authority to act for the defendants.

Court Disposition

Paragraphs 13 to 16 of Mr Kim's affidavit struck out.

Orders

  • ["Paragraphs 13 to 16 of Mr Kim's affidavit struck out."]