Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Burke [2013] FCA 513 Citation: Coshott v Burke [2013] FCA 513
Parties: ROBERT GILBERT COSHOTT v JOHN CHRISTOPHER BURKE and THE OFFICIAL TRUSTEE IN BANKRUPTCY
File number: NSD 1208 of 2009
Judge: FARRELL J
Date of judgment: 27 May 2013
Catchwords: EVIDENCE – Federal Court Rule 2011 (Cth) 24.20(6) – documents produced under subpoena – objection to inspection by a party – section 131(1) and 131(2)(h) Evidence Act 1995 (Cth) – whether document constitutes a communication in connection with negotiating a settlement – whether document prepared in connection with attempt to negotiate settlement
Legislation: Bankruptcy Act 1966 (Cth) s 155H Evidence Act 1995 (Cth) s 131 Federal Court Rules 2011 (Cth) r 24.20
Cases cited: ACCC v Australian Safeway Stores Pty. Limited (No 3) [2002] ATPR 41-901 Apotex Pty Limited v Les Laboratoires Servier (No. 5) [2011] FCA 1282 Barrett Property Group Pty Limited v Dennis Family Homes Pty Limited (No. 2) [2011] FCA 276 Brown v Commissioner of Taxation (2002) 119 FCR 269 First Capital Partners Pty Ltd v Sylvatech Ltd (2004) 186 FLR 266 Korean Air Lines v Australian Competition & Consumer Commission (No 3) [2008] FCA 701 Liu v Fairfax Media Publications Pty Ltd [2012] NSWSC 1352
Date of hearing: 23 May 2013
Place: Sydney
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