SLAVICH & ANOR AS TRUSTEES OF THE SLAVICH FAMILY TRUST V PACESETTER PRINT GROUP 2004 LTD & ANOR HC HAM CIV 2006-419-000318

SLAVICH & ANOR AS TRUSTEES OF THE SLAVICH FAMILY TRUST V PACESETTER PRINT GROUP 2004 LTD & ANOR HC HAM CIV 2006-419-000318

On inspection under r307 the Court found the Beattie Rickman Valuation's dominant purpose was to facilitate a corporate restructuring/sale rather than to assist anticipated litigation; consequently the claim of litigation privilege was set aside and the document must be produced for inspection by the plaintiffs within 21 days.

Citation
openlaw-280658d9_0ccb_488a_8dbe_e1e1c9aa4ddb.pdf
Parties
Plaintiffs: John Kenneth Slavich; Anthony Nicholas Slavich (as trustees of the Slavich Family Trust); First Defendant: Pacesetter Print Group 2004 Limited; Second Defendants: John Rhodes Maurd; Dean Barry Cuff; Christine Nicholson; Brent Donald Baird; Teresa Mary Baird; Michael James Donovan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 April 2007
Procedural Posture
Civil Proceeding Shareholder Dispute Regarding Share Allotment and Sale of Assets; Application Under High Court Rules R307 Challenging Privilege / Interlocutory Application for Particular Discovery / Challenge to Claim of Litigation Privilege (r307)
Outcome
Challenge to litigation privilege upheld in favour of plaintiffs; privilege claim set aside and production ordered
Legal Topics
Litigation Privilege, Particular Discovery, Valuation Report, Shareholder Dispute, Interim Injunction
Civil Procedure Evidence Company Law Trusts Litigation Privilege Particular Discovery Valuation Report Shareholder Dispute +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

John Kenneth Slavich; Anthony Nicholas Slavich (as trustees of the Slavich Family Trust)

Plaintiffs

Pacesetter Print Group 2004 Limited

First Defendant

John Rhodes Maurd; Dean Barry Cuff; Christine Nicholson; Brent Donald Baird; Teresa Mary Baird; Michael James Donovan

Second Defendants

Procedural Posture

Civil Proceeding Shareholder Dispute Regarding Share Allotment and Sale of Assets; Application Under High Court Rules R307 Challenging Privilege / Interlocutory Application for Particular Discovery / Challenge to Claim of Litigation Privilege (r307)

Legal Issues

  1. 1 Whether litigation privilege attaches to the Beattie Rickman Valuation dated 12 June 2006
  2. 2 Whether there was a definite prospect of litigation when the valuation was prepared
  3. 3 Whether the dominant purpose of the valuation was to assist contemplated or existing litigation or to facilitate a corporate sale/restructure

Ratio Decidendi

On inspection under r307 the Court found the Beattie Rickman Valuation's dominant purpose was to facilitate a corporate restructuring/sale rather than to assist anticipated litigation; consequently the claim of litigation privilege was set aside and the document must be produced for inspection by the plaintiffs within 21 days.

Court Disposition

Challenge to litigation privilege upheld in favour of plaintiffs; privilege claim set aside and production ordered

Orders

  • Produce the Beattie Rickman Valuation dated 12 June 2006 for inspection by the plaintiffs within twenty-one days of the date of this judgment
  • Costs to plaintiffs to be calculated on an opposed application basis: Category 2 Band B with a half-day allowance for preparation only and no allowance for hearing time; disbursements to be fixed by the Registrar