CA 21 December 1987. Appeal by second defendant (P) against official referee`s decision in favour of plaintiff (R) who claimed that `without prejudice` correspondence which had passed between R and the first defendant G was privileged. P had applied for discovery of the documents. R had entered into a contract with G for the construction of 639 dwellings. P were engaged as subcontractors. When a dispute arose R commenced proceedings against G and P. When an agreement was reached between R and G, P applied for discovery of the without prejudice correspondence leading up to the agreement. R contended that the correspondence was privileged because it had been written without prejudice and the official referee upheld R`s claim. On appeal, the rule concerning privilege of without prejudice documents and the meaning of `without prejudice` was considered. CA concluded that 1) the privilege afforded by the correspondence between R and G came to an end when that correspondence came to fruitio