Village/Nine Network & Ors v Mercantile Mutual

[1999] QCA 276

Queensland Court of Appeal

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Interrogate

Catchwords

1. Evidence
2. › Privilege
3. › Without prejudice privilege
4. › Scope of privilege
5. › Whether privilege available against third parties who were strangers to the negotiations
6. › Whether privilege confined to admissions or extends to all communications incidental to compromise negotiations
1. Practice and Procedure
2. › Discovery and inspection of documents
3. › Production and inspection
4. › Grounds for resisting production
5. › Without prejudice privilege
6. › Application by party A against party B for disclosure of documents in mediation between B and third party C
1. Practice and Procedure
2. › Discovery and inspection of documents
3. › Relevance
4. › Direct relevance to allegation in issue
5. › Whether documents sought directly relevant
6. › Supreme Court Rules, O 35, r 4(1)(b)
7. › Uniform Civil Procedure Rules, rr 5 and 211(1)(b)

Quick Take

Without prejudice privilege protects communications made during compromise negotiations (including mediations) from compulsory disclosure not only as between the parties to the negotiations but also against third parties who were strangers to the negotiations. The privilege is not confined to communications constituting admissions but extends to all communications incidental to the compromise negotiations. Under the Queensland disclosure rules requiring 'direct relevance to an allegation in issue', mere suspicion that undisclosed mediation documents might assist a party's case is insufficient to justify an order for further disclosure.