In the matter of Lanmar Pty Ltd

[2026] NSWSC 674

Supreme Court of NSW

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Catchwords

1. PRACTICE AND PROCEDURE — application by defendants to re-open proceedings — where opposition on grounds of without prejudice privilege to mediation communications under s 131 of the Evidence Act 1995 (NSW) — whether evidence contradicts or qualifies admitted evidence — whether Court is likely to be misled — where plaintiff has withdrawn submissions — without prejudice privilege upheld

Quick Take

The Court upheld without prejudice privilege over mediation communications under s 131(1) of the Evidence Act 1995 (NSW), holding that the exceptions in s 131(2)(e) and (g) were not engaged where the plaintiff withdrew submissions inviting the Court to infer from the absence of evidence that no reasonable offers had been made. The Court reasoned that the proposed evidence could only contradict or qualify admitted evidence, or prevent the Court being misled, if the Court were being asked to infer that the offers already in evidence were the only offers made — an inference the plaintiff no longer invited. The Court left open that a different outcome might follow if the trial judge did not permit the plaintiff to withdraw those submissions, and observed that a party could not enforce mediation confidentiality terms to facilitate misleading the Court.