20 May 2014
The family meeting constituted without prejudice settlement negotiations; therefore the audiovisual transcript and passages of witness statements referring to it are privileged and inadmissible; privilege was not waived because the applicant did not deploy the material in court.
24 Oct 2002
The defendant's denials and alternative pleas raised credible triable issues when assessed against the contemporaneous documents and background; the August 2001 letter is a without prejudice settlement communication and inadmissible; accordingly summary judgment is inappropriate and the defendant is granted unconditional leave to defend.
8 Dec 1999
The court ruled that acknowledgement of the existence of without prejudice negotiations does not waive privilege over their contents; waiver was limited to the contents of the first offer that the petitioners' witness disclosed (including related correspondence), and did not extend to the second or third offers.
3 Nov 1989
The alleged admission was made in a without prejudice meeting and therefore inadmissible; the facts did not show a clear break in the chain of without prejudice (absence of lawyers did not negate prior without prejudice protection), so the interim payment based on the alleged admission was set aside.
4 Dec 1969
The court held that the learned judge correctly found the correspondence did not amount to an unequivocal admission of liability and at most recorded a conditional offer or an agreement to enter into a formal settlement; 'without prejudice' correspondence is privileged and inadmissible absent waiver, and the appellate court would not interfere with the judge's refusal to enter judgment on the alleged admission.