Fermiscan Limited v Veronica Jean James [2009] NSWSC 462

Fermiscan Limited v Veronica Jean James [2009] NSWSC 462

Because the current proceedings include claims for the enforcement of provisions of the deed of release and settlement (including injunctive relief and payment of money), section 131(2)(f) applies and the evidence of settlement negotiations is admissible.

Parties
Plaintiff: Fermiscan Limited; Plaintiff: Fermiscan Australia Pty Limited; Plaintiff: Fiberscan Pty Limited; Defendant: Veronica Jean James
Jurisdiction
Australia
Judgment Date
25 May 2009
Procedural Posture
Commercial Dispute (equity Division) / Ruling on Admissibility of Evidence
Outcome
Objection to admissibility of evidence overruled; evidence admitted.
Legal Topics
Privileged Communications, Settlement Agreements, Admissibility of Evidence
Evidence Contract Privileged Communications Settlement Agreements Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Fermiscan Limited

Plaintiff

Fermiscan Australia Pty Limited

Plaintiff

Fiberscan Pty Limited

Plaintiff

Veronica Jean James

Defendant

Procedural Posture

Commercial Dispute (equity Division) / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether evidence of settlement negotiations is admissible under Evidence Act 1995 s131(2)(f)
  2. 2 Whether proceedings are 'to enforce an agreement... to settle' a prior dispute as envisaged by Evidence Act 1995 s131(2)(f)

Ratio Decidendi

Because the current proceedings include claims for the enforcement of provisions of the deed of release and settlement (including injunctive relief and payment of money), section 131(2)(f) applies and the evidence of settlement negotiations is admissible.

Court Disposition

Objection to admissibility of evidence overruled; evidence admitted.

Orders

  • Paragraph 7 of Mr McCowan's affidavit (and paragraphs 8 to 16) admitted as evidence.