27 Jul 2012
MCCULLOCH & ORS V QUINN & ORS HC AK CIV 2011-404-3508
- Citation
- openlaw-c4128fb6_329a_4fc2_a077_959d737c2c98.pdf
- Court
- High Court
The court held that the without prejudice/litigation privilege over the disputed emails remained intact and was properly claimed by the negotiating parties (first to fourth defendants); Companies Act s168 does not automatically trump litigation privilege or justify production of privileged settlement communications absent recognised exceptions (fraud, dishonesty, waiver, or other established exceptions), and no such exception was established on the evidence; accordingly the plaintiffs' application for production was dismissed and the defendants entitled to costs.
- Derivative action
- Settlement privilege
- Litigation privilege
- Discovery
- Fiduciary duty
- Companies act s168 and s174