Specialized Bicycle Components Inc v Sheppard Industries Ltd - [2011] 2 NZLR 242

Evidence — Admissibility — “Without prejudice” communications — Terms of mediation agreement — Evidence in support of application for stay of proceedings or strike-out — Whether terms of mediation agreement prevented parties from adducing evidence of communication made in course of mediation — Whether terms of mediation agreement prevailed over statutory codification of without prejudice rule — Evidence Act 2006, s 57.

Practice and procedure — Without prejudice — Terms of mediation agreement — Evidence in support of application for stay of proceedings or strike-out — Whether terms of mediation agreement prevented parties from adducing evidence of communication made in course of mediation — Whether terms of mediation agreement prevailed over statutory codification of without prejudice rule — Evidence Act 2006, s 57.