Field v Commissioner for Railways (NSW) [1957] HCA 92

Field v Commissioner for Railways (NSW) [1957] HCA 92

The majority held that the plaintiff's admission to the medical expert was not privileged because it was not reasonably incidental to the settlement negotiations and was made without proper connection to the purpose of those negotiations. Thus, the evidence was admissible and the appeal should be dismissed. McTiernan J dissented, finding the admission was privileged and inadmissible.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment on Appeal From Full Court of Supreme Court Regarding Refusal of New Trial
Outcome
Appeal dismissed with costs
Legal Topics
['without Prejudice Privilege' 'admissibility of Admissions' 'jury Direction' 'personal Injury']
['evidence' 'negligence' 'civil Procedure'] ['without Prejudice Privilege' 'admissibility of Admissions' 'jury Direction' 'personal Injury']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Full Court of Supreme Court Regarding Refusal of New Trial

Legal Issues

  1. 1 ["Whether an admission made by the plaintiff to a doctor during a medical examination arranged during settlement negotiations is protected by 'without prejudice' privilege and thus inadmissible" "Whether the trial judge's direction to the jury on inherent probabilities and previous accounts amounted to misdirection"]

Ratio Decidendi

The majority held that the plaintiff's admission to the medical expert was not privileged because it was not reasonably incidental to the settlement negotiations and was made without proper connection to the purpose of those negotiations. Thus, the evidence was admissible and the appeal should be dismissed. McTiernan J dissented, finding the admission was privileged and inadmissible.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']