New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of settlement communications

Legal area

Court

27 Jul 2022

LAWTON v STOCK [2022] NZCA 339

Citation

[2022] NZCA 339
Court

Court of Appeal

Leave to appeal was declined because no question of law capable of bona fide, serious argument was established; the letter repeating only the offeror's terms was admissible on the issue of costs as a Calderbank offer or, alternatively, admissible under the Employment Court's equity and good conscience jurisdiction; an objection premised on 'jointly owned privilege' failed where the letter did not disclose the opponent's without prejudice statements.
2 Oct 2018

COMMISSIONER OF POLICE v COTTON [2018] NZHC 2577

Citation

[2018] NZHC 2577
Court

High Court

The without prejudice correspondence was privileged under s57 Evidence Act 2006; s57(3)(b) did not apply because the existence of the settlement was not in dispute; s57(3)(d) did not apply because the correspondence did not add anything material to the settlement agreement or the judgment approving it and therefore disclosure was not justified in the interests of justice; no waiver of privilege was established. The correspondence is therefore inadmissible and must be removed from the affidavit.