Federal Court of Australia
_ JUDGMENT No. wu. t3
eteccesSereceel, eneveseonece
CATCHWORDS
PRACTICE AND PROCEDURE - compromise of action - whether statement by counsel during negotiations for settlement was misleading - effect of failure to discover a document the existence of which had been forgotten - whether there was a misrepresentation as to full discovery ~- whether the filing and service of a witness's statement conveys a representation of the facts in it, or only of the intention to call bona fide evidence in chief to that effect - consideration of question whether a settlement offer contemplated immediate agreement or was subject to execution of a deed of settlement - whether confidentiality orders were appropriate in litigation challenging the validity of a settlement the terms of which the parties had agreed to keep confidential.
Poseidon Ltd v. Adelaide Petroleum NL (1991) 105 ALR 25 Laws v. Australian Broadcasting Tribunal (1990) 170 CLR 70
Spies v. Commonwealth Bank of Australia (1991) 24 NSWLR 691 Masters v. Cameron (1954) 91 CLR 353
Australian Broadcasting Commission v. Parish (1980) 29 ALR 228 Alexander v. Cambridge Credit Corp Ltd (1985) 2 NSWLR 685
I Vv. EPH HEDI VG 314 of 1994
Rv. HIN HEDI. VG 315 of 1994
Burchett, Foster & O'Loughlin JJ. Melbourne
7 October 1994
RECEIVED 18 OCT 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL, REGISTAY
VG 314 of 1994 VG 315 of 1994
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: LEWI and MI FREDERICK WINTER Appellants AND: ED MAR; T HH LA!
JAMES MYERS and ALEX CHERNOV
First Named Respondents
AND: METZKE & ALLAN
Second Named Respondent AND: ES_ PT TD
Third Named Respondent AND: PETER HANN
Fourth Named Respondent
BETWEEN: GRAY _& WINTER Appellants AND: EP. PAUL MAR iT. P JAMES MYERS and ALEX CHERNOV
First Named Respondents
AND: METZKE_ & ALLAN Second Named Respondent AND: HANN NOMINEES PTY LTD
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