SIMUNOVICH FISHERIES LTD AND ORS V TVNZ & ORS HC AK CIV 2004-404-3903

SIMUNOVICH FISHERIES LTD AND ORS V TVNZ & ORS HC AK CIV 2004-404-3903

Draft scripts that were forwarded to and held by the defendant's solicitors as part of the process of obtaining legal advice are protected by legal professional privilege and accordingly, while technically discoverable by the defendant, are not producible for inspection; conversely drafts prepared solely for editorial purposes remain discoverable if in the defendant's control; the plaintiffs' application for typed transcripts of documents 245-250 is not authorised under r 312(2) and is dismissed.

Citation
openlaw-16c2425a_80bc_466a_98af_e9c1e3ec2419.pdf
Parties
First Plaintiff: Simunovich Fisheries Ltd; Second Plaintiff: Peter Simunovich; Third Plaintiff: Vaughan Wilkinson; First Defendant: Television New Zealand Limited; Second Defendant: Wilson and Horton Limited; Third Defendant: Barine Developments Limited; Fourth Defendant: Neil Penwarden; Fifth Defendant: Thomas Norman Munro Nalder
Court
High Court
Jurisdiction
New Zealand
Judgment Date
10 July 2007
Procedural Posture
Defamation / Interlocutory — Discovery Application (r 300 / R 312)
Outcome
Application partly dismissed: copies of draft scripts held by solicitors (Simpson Grierson) are subject to legal professional privilege and production for inspection is refused; plaintiffs' application for typed transcription of documents 245-250 is dismissed; defendants awarded costs.
Legal Topics
Discovery of Documents, Legal Professional Privilege, Transcription of Illegible Documents, Particulars for Malice/ill Will, Court Rules R 300 and R 312
Defamation Civil Procedure Evidence Privilege Discovery Discovery of Documents Legal Professional Privilege Transcription of Illegible Documents +2 more

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Parties

Simunovich Fisheries Ltd

First Plaintiff

Peter Simunovich

Second Plaintiff

Vaughan Wilkinson

Third Plaintiff

Television New Zealand Limited

First Defendant

Wilson and Horton Limited

Second Defendant

Barine Developments Limited

Third Defendant

Neil Penwarden

Fourth Defendant

Thomas Norman Munro Nalder

Fifth Defendant

Procedural Posture

Defamation / Interlocutory — Discovery Application (r 300 / R 312)

Legal Issues

  1. 1 Whether draft scripts of TV programme held by defendant's solicitors must be discovered and produced for inspection
  2. 2 Whether copies of draft scripts sent to solicitors attract legal professional privilege
  3. 3 Whether second defendant must provide a typed transcript of handwritten documents numbered 245-250

Ratio Decidendi

Draft scripts that were forwarded to and held by the defendant's solicitors as part of the process of obtaining legal advice are protected by legal professional privilege and accordingly, while technically discoverable by the defendant, are not producible for inspection; conversely drafts prepared solely for editorial purposes remain discoverable if in the defendant's control; the plaintiffs' application for typed transcripts of documents 245-250 is not authorised under r 312(2) and is dismissed.

Court Disposition

Application partly dismissed: copies of draft scripts held by solicitors (Simpson Grierson) are subject to legal professional privilege and production for inspection is refused; plaintiffs' application for typed transcription of documents 245-250 is dismissed; defendants awarded costs.

Orders

  • Decline to order production for inspection of draft scripts held by Simpson Grierson on grounds of legal professional privilege
  • Plaintiffs' application for typed transcripts of documents numbered 245-250 in the second defendant's list of documents dismissed