Macquarie Prestige Developments Pty Ltd v Cavasinni Constructions Pty Ltd [2012] NSWSC 778

Macquarie Prestige Developments Pty Ltd v Cavasinni Constructions Pty Ltd [2012] NSWSC 778

Settlement communications in question are admissible as existence or making of a settlement agreement is an issue, engaging s 131(2)(f), and objections are overruled.

Parties
Plaintiff: Macquarie Prestige Developments Pty Ltd ACN 146 012 697; Defendant: Cavasinni Constructions Pty Ltd ACN 001 904 525
Jurisdiction
Australia
Judgment Date
05 July 2012
Procedural Posture
Corporations Act Statutory Demand Setting Aside Application / Interlocutory (directions and Evidentiary Ruling)
Outcome
Objections to settlement communications as evidence overruled; directions for further evidence and costs issued.
Legal Topics
Statutory Demand, Without Prejudice Privilege, Admissibility of Settlement Communications, Deed of Settlement
Corporations Law Evidence Law Statutory Demand Without Prejudice Privilege Admissibility of Settlement Communications Deed of Settlement

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Parties

Macquarie Prestige Developments Pty Ltd ACN 146 012 697

Plaintiff

Cavasinni Constructions Pty Ltd ACN 001 904 525

Defendant

Procedural Posture

Corporations Act Statutory Demand Setting Aside Application / Interlocutory (directions and Evidentiary Ruling)

Legal Issues

  1. 1 Whether settlement communications annexed to affidavit are privileged under s 131 Evidence Act 1995
  2. 2 Whether such communications are admissible under s 131(2)(f) as existence of an agreement is an issue

Ratio Decidendi

Settlement communications in question are admissible as existence or making of a settlement agreement is an issue, engaging s 131(2)(f), and objections are overruled.

Court Disposition

Objections to settlement communications as evidence overruled; directions for further evidence and costs issued.

Orders

  • Objections to paragraphs 12-15 and annexures D-G of affidavit overruled.
  • Plaintiff may serve further evidence limited to agreement issue by 11 July 2012.