Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage [2012] FCA 742

FEDERAL COURT OF AUSTRALIA

Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage (Deceased) [2012] FCA 742 Citation: Gibbins Investments Pty Ltd v Samuel Savage as Executor of the Estate of John Thomas Savage [2012] FCA 742

Parties: GIBBINS INVESTMENTS PTY LTD (ACN 122 828 369) v SAMUEL SAVAGE AS EXECUTOR OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED), TERESA CLEGG AS EXECUTRIX OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED) and MARYELLEN QUIGLEY AS EXECUTRIX OF THE ESTATE OF JOHN THOMAS SAVAGE (DECEASED)

File number: VID 259 of 2012

Judge: MARSHALL J

Date of judgment: 11 July 2012

Catchwords: PRACTICE AND PROCEDURE – "without prejudice" – s 131 Evidence Act 1995 (Cth) – whether applicant can adduce evidence of communications between the parties at the substantive hearing before Jessup J – whether the relevant communications were in respect of a "dispute" – whether genuine attempt to negotiate – whether any of the exceptions in s 131 (2) applied to exclude protection under s 131(1) of the Evidence Act 1995 (Cth)

Legislation: Evidence Act 1995 (Cth) s 131

Cases cited: Buckinghamshire CC v Moran [1989] 2 All ER 225 Quad Consulting Pty Ltd v David R Bleakley & Associates Pty Ltd (1990) 27 FCR 86

Dates of hearing: 20 and 21 June 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 18

Counsel for the Applicant: Mr A J Kelly with Mr M P Costello

Solicitor for the Applicant: Wisewould Mahony Lawyers

Counsel for the Respondents: Mr A P Rodbard-Bean