Duffy Kennedy Pty Ltd v Galileo Miranda Nominee Pty Ltd [2020] NSWCA 25
FACTS
Duffy Kennedy Pty Ltd (DK) and Galileo Miranda Nominee Pty Ltd (Galileo) were involved in a construction dispute regarding residential towers. During the dispute, a “without prejudice” meeting occurred involving the principal’s representative (RCP). DK argued that RCP relied on statements made in the meeting to conclude that DK had failed to comply with a show cause notice, leading to the issuance of a “take out” notice. DK contended that this reliance violated the principle of without prejudice privilege.
ISSUE
Was RCP precluded from considering information disclosed during a “without prejudice” meeting that did not result in a settlement?
FINDING…
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