OneSteel Trading Pty Limited v Capital Steel & Pipe Pty Limited (Judgment 2) [2007] NSWDC 127

New South Wales District Court

CITATION: OneSteel Trading Pty Limited v Capital Steel & Pipe Pty Limited (Judgment 2) [2007] NSWDC 127

HEARING DATE(S): 7 June 2007

JUDGMENT DATE: 8 June 2007

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: The Courts rejects the tender of MFI 1

CATCHWORDS: Defendant sought to tender portions of Plaintiff's statements said to contain admissions - Tender made on basis that once statements were served there was no restriction on their use - Consideration of application of ss 119 and 122 of the Evidence Act 1995 and the Usual Order for Hearing in the Commercial List - Tender rejected on the basis that the statements had been produced under compulsion of law and the privilege attaching to them had not been lost

LEGISLATION CITED: Evidence Act 1995

Baulderstone Hornibrook Engineering Pty Limited v Gordian Runoff Limited (2006) NSWSC 223 Austress Freyssinet Pty Ltd v Marlin Internation Pty Ltd (2002) NSW SC 958; BC 200206111 Barristers' Board of Western Australia v Tranter Corp Pty Ltd (1976) WAR 65 Re Margetson v Jones (1897) 2 Ch314 Leaders Shoes (Aust) Pty Ltd v National Insurance Co of New Zealand (1968) 1 NSWR 344 CASES CITED: In the Marriage of Crowe (1988) FLC 91-983 Akins v Abbey Group Ltd (1998) 43 NSWLR 539 Sevic v Roarty (1998) 44 NSWLR 287 Dubbo City Council v Barrett (2003) NSW CA 267; BC 200305990 Home Office v Harman (1983) 1 AC 280 Liberty Funding Pty Limited v Phoenix Capital Limited (2005) 218 ALR 283 State Bank of South Australia v Smoothdale (No. 2) Ltd (1995) 64 SASR 224