Collins Thomson v Clayton [2002] NSWSC 366 (9 April 2002)

[2002] NSWSC 366

EVIDENCE – ‘without prejudice’ privilege – whether solicitor’s letter to other party’s solicitor was in connection with an attempt to negotiate settlement, or merely a statement of position EXPERT OPINION EVIDENCE – whether plaintiff’s liquidator can give such evidence – whether independence of expert is a pre-requisite to admissibility

Evidence Act 1995 (NSW) ss 76, 79, 131

‘Without prejudice’ letter held admissible; plaintiff liquidator’s expert opinion evidence held admissible