IGA Distribution Pty Ltd v King and Taylor Pty Ltd

[2002] VSC 404

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 2068 of 2001

IGA DISTRIBUTION PTY LTD	Plaintiff
v
KING & TAYLOR PTY LTD	First Defendant
DELAHEY PROPERTIES PTY LTD	Second Defendant

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RULING NO. 5

JUDGE:	Nettle J
WHERE HELD:	Melbourne
DATES OF HEARING:	11 September 2002
DATE OF RULING:	11 September 2002
CASE MAY BE CITED AS:	IGA Distribution Pty Ltd v King & Taylor Pty Ltd and anor
MEDIUM NEUTRAL CITATION:	[2002] VSC 404

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr R.M. Garratt QC with Mr M.K. Moshinsky	Cornwall Stodart
For the First Defendant	Mr J.D. Hammond QC with Ms J.E. Richards	Richard Szental
For the Second Defendant	Mr P.J. Hayes with Ms L. Hannon	Efron & Associates

HIS HONOUR:

1. I note that Mr Garratt has sought to tender absolutely a communication recording the contents of a conversation had on 18 July 2001 between Mr Shaw and Mr Assetta and that objection has been taken on the grounds that it is protected as a without prejudice communication.

1. Questions have been asked by Mr Hammond on behalf of the first defendant in the course of the cross-examination of Mr Shaw in an endeavour to establish that the communications were in truth without prejudice in the sense that they were conducted in order to settle or to move towards settlement of an existing dispute.

1. I have allowed to Mr Garratt, who appears for the plaintiff, the opportunity to cross-examine Mr Assetta, the other party to the conversation, in order to add to the evidence as to the nature of the communications before I rule upon that communication and he has accepted that invitation.

1. In the circumstances, I will stand over until after Mr Assetta's cross-examination a final ruling upon the question.

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