23 Aug 2023
ARVIDA AL HOLDINGS LTD v LENDLEASE CAPITAL SERVICES PTY LTD [2023] NZHC 2254 [23 August 2023]
- Citation
- [2023] NZHC 2254
- Court
- High Court
The court held that waiver by Mr Randello was confined to the factual propositions for which his privileged communications were deployed — namely the meaning of 'building' and whether the warranty was to aggregate losses — and that collateral waiver extends only to other privileged communications that explain, delimit or are directly relevant to those same issues (including any references to Ocean Shores only to the extent they define or delimit 'building' or aggregation). Arvida's broad discovery demand was therefore dismissed save for communications within that confined scope. Expert eviden…