Federal Court of Australia
Federal Court of Australia
Jess v McNiven, in the matter of McNiven [2021] FCA 53 File number: VID 1571 of 2018
Judgment of: MCKERRACHER J
Date of judgment: 3 February 2021
Catchwords: EVIDENCE – admissibility of 'without prejudice' communications – where the respondents plead silence and inaction on the part of the applicants and detrimental reliance as part of an estoppel defence – where the applicants seek to adduce privileged communications to meet the claim of silence and inaction – whether the maintenance of the privilege would be likely to mislead the Court as to facts and issues relevant to the proceeding – consideration of the broad and narrow constructions of s 131(2)(g) of the Evidence Act 1995 (Cth)
Legislation: Evidence Act 1995 (Cth) ss 131, 131(1), 131(2)(g), 192A
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No 5) (2011) 199 FCR 62; [2011] FCA 1282 Atlas Financial International Ltd v Nortbale Pty Ltd [2011] NSWSC 815 Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd (No 2) (2011) 193 FCR 479; [2011] FCA 276 Brown v Commissioner of Taxation (2001) 47 ATR 178; [2001] FCA 596 Cargill Australia Ltd v Viterra Malt Pty Ltd [2018] VSC 541 McFadden v Snow (1951) 69 WN (NSW) 8 Phe v Leng [2019] FamCAFC 17 Pitts v Adney [1961] NSWR 535
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
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