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Appeal dismissed; settlement privilege waived when appellants led evidence of the discussions at trial.
The appellants appealed a trial judgment awarding the respondent $231,963 for loans advanced.
The appellants argued the trial judge erred by relying on evidence of settlement discussions held before a mediator in India, claiming settlement privilege.
The Court of Appeal dismissed the appeal, finding that the appellants had waived any potential settlement privilege by failing to pursue their objection, leading their own evidence about the discussions, and relying on that evidence in closing submissions.
The trial judge's finding of personal liability was upheld.
