6 May 1994
ANN WILKINSON v.IN LESLIE WILKINSON
- Citation
- ANN WILKINSON v.IN LESLIE WILKINSON
- Court
- Court of Appeal
- Case number
- CACV59/1994
The court (majority) held that the wife had waived the conciliator/mediator privilege by her numerous affirmative references in affidavit to the mediator's statements, opinions and advice in support of her ancillary relief application; consequently Mr Whyte's affidavit was not struck out in whole, though limited deletions (paragraph 16 and the last sentence of paragraph 14) were ordered; remaining admissibility and weight of evidence (including any hearsay used as basis for expert opinion) are matters for the trial judge to determine.