Abriel v Australian Guarantee Corporation [1999] FCA 50

FEDERAL COURT OF AUSTRALIA

Abriel v Australian Guarantee Corporation [1999] FCA 50 EVIDENCE – Evidence Act 1995 (Cth) – Federal Court of Australia Act 1976 (Cth) – whether applicants' case bound to fail on the basis that crucial evidence may not be adduced – whether proceeding one in which the making of a settlement agreement is in dispute

PRACTICE AND PROCEDCURE – Federal Court Rules – application to dismiss or permanently stay proceedings – application to strike out proceedings – whether applicant is precluded from adducing certain evidence – relevance of term in mediation agreement preventing a party from disclosing a document given to them "at the mediation" – whether the pleadings disclose the case the applicants wish to advance

Evidence Act 1995 (Cth) ss 131(1), 131(2)(f) Federal Court of Australia Act 1976 (Cth) s 53B Federal Court Rules O 4 r 14, O 11 rr 1A, 2, 16, O 20 r 2 Trade Practices Act 1974 (Cth) s 51AA Contracts Review Act 1980 (NSW)

Dey v Victorian Railways Commissioners (1949) 78 CLR 62, referred to Pritchard v Racecage Pty Ltd (1997) 142 ALR 527, referred to Deputy Commissioner of Taxation v Chamberlain (1990) 26 FCR 221, referred to Commercial Bank of Australia Ltd v Amadio (1983) 157 CLR 447, considered Crescendo Management Pty Limited v Westpac Banking Corporation (1988) 19 NSWLR 40, referred to P v P (1994) 181 CLR 583, followed Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594, cited Prestia v Aknar (1996) 40 NSWLR 165, cited White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169, cited

RUDOLPH ABRIEL, VERA ABRIEL and PREMIER KNITS PTY LIMITED v AUSTRALIAN GUARANTEE CORPORATION and WESTPAC BANKING CORPORATION NG 1015 of 1998

BRANSON J SYDNEY 5 FEBRUARY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1015 OF 1998