SNORKEL ELEVATING WORK PLATFORMS LIMITED V THOMPSON AND ORS HC PMN CIV-2005-454-847

SNORKEL ELEVATING WORK PLATFORMS LIMITED V THOMPSON AND ORS HC PMN CIV-2005-454-847

The emails R.M.01.282, R.M.01.283, R.M.01.284 and R.M.01.286 were protected by litigation privilege because at the time they were exchanged litigation was reasonably apprehended and their dominant purpose was to assist the defendants' legal adviser in preparing for that anticipated litigation; accordingly the...

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Citation
openlaw-46911df1_e667_4ba2_af7f_e7b5cc69ca28.pdf
Parties
Plaintiff: Snorkel Elevating Work Platforms Limited; First Defendant: Harold Stewart Thompson; Second Defendant: Ross Hogan; Third Defendant: Antrin Holdings Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 February 2007
Procedural Posture
Civil Discovery and Confidentiality Application / Application Hearing / Discovery Stage
Outcome
Defendants' discovery and return/deletion application granted in full; specified documents ordered returned and permanently deleted; further discovery ordered; costs awarded to defendants.
Legal Topics
Discovery, Confidentiality Orders, Litigation Privilege, Privileged Communications, Return and Deletion of Documents, Costs
Civil Procedure Evidence Company Law Discovery Confidentiality Orders Litigation Privilege Privileged Communications Return and Deletion of Documents +1 more

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Parties

Snorkel Elevating Work Platforms Limited

Plaintiff

Harold Stewart Thompson

First Defendant

Ross Hogan

Second Defendant

Antrin Holdings Limited

Third Defendant

Procedural Posture

Civil Discovery and Confidentiality Application / Application Hearing / Discovery Stage

Legal Issues

  1. 1 Whether the emails R.M.01.282, R.M.01.283, R.M.01.284 and R.M.01.286 are subject to litigation privilege
  2. 2 Whether litigation was reasonably apprehended at the time the emails were created
  3. 3 Whether the dominant purpose of the communications was preparation for contemplated litigation

Ratio Decidendi

The emails R.M.01.282, R.M.01.283, R.M.01.284 and R.M.01.286 were protected by litigation privilege because at the time they were exchanged litigation was reasonably apprehended and their dominant purpose was to assist the defendants' legal adviser in preparing for that anticipated litigation; accordingly the plaintiff must return physical copies and permanently delete electronic copies of the listed documents and defendants were awarded costs.

Court Disposition

Defendants' discovery and return/deletion application granted in full; specified documents ordered returned and permanently deleted; further discovery ordered; costs awarded to defendants.

Orders

  • Within 10 working days of service of this order the plaintiff must complete, file and serve an affidavit containing a verified list of documents sworn by a person meeting r517 identifying specified documents including those held in the United States and corporate governance materials.
  • Within five working days of service of this order the plaintiff must return any physical copies and permanently delete any electronic copies of documents R.M.01.282, R.M.01.283, R.M.01.284, R.M.01.285, R.M.01.286, R.M.01.287, R.M.01.288, R.M.01.291, R.M.01.292 and R.M.01.293 from the plaintiff's verified list of...