EDEN REFUGE TRUST & ANOR V HOHEPA & ANOR HC AK CIV 2003-404-000539

EDEN REFUGE TRUST & ANOR V HOHEPA & ANOR HC AK CIV 2003-404-000539

The Court found the Dunedin hotel file relevant and ordered it produced for inspection; it refused to order production of Mr Hohepa's response letter as speculative and not shown relevant to Mr Fletcher; it ordered the trust account records evidencing the $144,213 transfer produced for inspection so the Court can determine whether privilege applies or is vitiated by the fraud exception; compliance was ordered within 14 days.

Citation
openlaw-0c197822_fe2f_474d_a90c_69cc3c906ea6.pdf
Parties
First Plaintiff: Eden Refuge Trust; Second Plaintiff: Nancy Noa; First Defendant: Charles Hohepa; Second Defendant: Charles Fletcher
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 February 2008
Procedural Posture
Civil Proceeding (indemnity and Discovery) / Interlocutory (discovery Application)
Outcome
Application for further and better discovery granted in part and refused in part
Legal Topics
Breach of Trust, Indemnity Under Professional Indemnity Policy, Fraud/dishonesty Exclusion, Production and Inspection of Files, Privilege and Fraud Exception, Trust Account Records
Trusts Professional Negligence Insurance Indemnity Discovery Legal Professional Privilege Civil Procedure Breach of Trust Indemnity Under Professional Indemnity Policy +4 more

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Parties

Eden Refuge Trust

First Plaintiff

Nancy Noa

Second Plaintiff

Charles Hohepa

First Defendant

Charles Fletcher

Second Defendant

Procedural Posture

Civil Proceeding (indemnity and Discovery) / Interlocutory (discovery Application)

Legal Issues

  1. 1 Whether the Dunedin hotel file held by Mr Fletcher is relevant and discoverable
  2. 2 Whether a response letter from Mr Hohepa to Mr Fletcher is discoverable
  3. 3 Whether the trust account records evidencing transfer of $144,213 are discoverable and subject to privilege

Ratio Decidendi

The Court found the Dunedin hotel file relevant and ordered it produced for inspection; it refused to order production of Mr Hohepa's response letter as speculative and not shown relevant to Mr Fletcher; it ordered the trust account records evidencing the $144,213 transfer produced for inspection so the Court can determine whether privilege applies or is vitiated by the fraud exception; compliance was ordered within 14 days.

Court Disposition

Application for further and better discovery granted in part and refused in part

Orders

  • Produce Mr Fletcher's file relating to the Dunedin hotel to the Court for inspection
  • Do not order production of any letter from Mr Hohepa responding to the 25 February 2003 letter (application refused)