14 Dec 2007
JUST HOTEL LIMITED V JAMES JESUDHASS CA CA249/06
- Citation
- openlaw-ef141ff8_54cb_41ff_91b4_c638b2a28865.pdf
- Court
- Court of Appeal
Section 148(1) applies to all statements, admissions, documents and information created or made for the purposes of mediation, including documents prepared for use in or in connection with mediation and oral statements (or records) made at mediation; material that exists independently of the mediation process is excluded under s 148(6)(a); the Court rejected importing a broad retrospective 'genuinely/legitimate purpose' qualification that would undermine statutory confidentiality; a limited public policy exception for serious criminal conduct was acknowledged but left undecided.