Brightstars Holding Co Pty Ltd v Johnston [2012] NSWSC 929

Supreme Court New South Wales

Medium Neutral Citation: Brightstars Holding Co Pty Ltd v Johnston [2012] NSWSC 929 Hearing dates: 13 August 2012 Decision date: 14 August 2012 Jurisdiction: Equity Division Before: Stevenson J Decision: 1.Paragraphs 26, 39, 40, 41, 42 and 43 of Mr Mattiussi's affidavit of 3 August 2012 are rejected 2.Letters from Wood Marshall Williams to Willis & Bowring of 7 March 2012 and 12 June 2012 are admitted 3.Letter from Wood Marshall Williams to Willis & Bowring of 9 March 2012, Willis & Bowring's letter to Wood Marshall Williams of 22 April 2012 and the letter from Willis & Bowring to Wood Marshall Williams of 27 June 2012 are rejected Catchwords: EVIDENCE - affidavit - communications made in attempt to negotiate settlement of underlying proceedings - without prejudice - whether evidence receivable because it falls within s 131(2)(g) of Evidence Act 1995 Legislation Cited: Evidence Act 1995 Cases Cited: Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd (No 2) [2011] FCA 276; (2011) 193 FCR 479 Brown v Commissioner v Taxation [2001] FCA 596; (2001) 187 ALR 714 Category: Interlocutory applications Parties: Brightstars Holding Co Pty Ltd (first plaintiff) Peter Wilson (second plaintiff) Paul Arthur Johnston (first defendant) Blair Massey Warren (second defendant) Brightstars Early Learning Centres Pty Ltd (third defendant) John Nich Pty Ltd (fourth defendant) Gloria El-Kafrouni (fifth defendant) Representation: C M Harris SC (plaintiffs) M Hadley (first defendant) A Barrie (second defendant) Willis & Bowring (plaintiffs) Austcom Law (first and fourth defendants) Pikes & Verekers Lawyers (second defendant) Picone & Co (third defendant) File Number(s): SC 2011/324919