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ARTICLE · 22 AUGUST 2024

Impact Of Using "Without Prejudice" Documents In An Adjudication

Vincent Young
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AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited [2024] NSWSC 825

AustraliaReal Estate and Construction
Brett Vincent
Brett Vincent

AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited [2024] NSWSC 825

In general, communications and documents marked as "without prejudice" cannot be used by the other party as evidence in court. This ensures that parties can speak openly about the matter in dispute and potentially reach settlements.

The recent case of AM Darlinghurst Investment Pty Ltd as trustee for AM Darlinghurst Investment Trust v Growthbuilt Pty Limited [2024] NSWSC 825 highlights the impact of the "without prejudice" privilege on the admissibility of evidence in an adjudication.

Background

On 21 May 2024, AM Darlinghurst Investment Pty Ltd (Developer) sought orders quashing an adjudication determination. The determination was made in respect of a payment claim made by Growthbuilt Pty Ltd (Contractor) under a construction contract for the redevelopment of buildings (Contract).

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