Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) (No 6)[2011] FCA 350

FEDERAL COURT OF AUSTRALIA

Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) (No 6)[2011] FCA 350 Citation: Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) (No 6) [2011] FCA 350

Parties: WINGECARRIBEE SHIRE COUNCIL, CITY OF SWAN and PARKES SHIRE COUNCIL v LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) (ACN 066 797 760)

File number: NSD 2492 of 2007

Judge: RARES J

Date of judgment: 24 March 2011

Catchwords: PROCEDURE AND PRACTICE – subpoena for production – relevance of documents – settlement agreement entered into by third parties in respect of the value of securities similar to securities to be valued EVIDENCE – whether settlement agreement is a communication or document made "without prejudice" – s 131 of the Evidence Act 1995 (Cth) Held: subpoena set aside – settlement agreement insufficiently relevant – settlement agreement was not protected by "without prejudice" privilege under s 131 of the Evidence Act 1995 (Cth)

Legislation: Evidence Act 1995 (Cth) s 131

Cases cited: HTW Valuers (Central Queensland) Pty Limited v Astonland Pty Limited (2004) 217 CLR 640 referred to Lehman Brothers Special Financing Inc v BNY Corporate Trustee Services Limited (2010) 422 BR 407 referred to Perpetual Trustee Company Limited v BNY Corporate Services Limited [2009] EWHC 1912 (Ch) referred to Perpetual Trustee Company Limited v BNY Corporate Trustee Services Limited [2010] Ch 347 referred to State Rail Authority of New South Wales v Smith (1998) 45 NSWLR 382 followed Tallerman & Co Pty Limited v Nathan's Merchandise (Victoria) Pty Limited (1957) 98 CLR 93 followed Western Australia v Southern Equities Corporation Limited (in Liq) (1996) 142 ALR 597 followed