1 Oct 2015
NZH LIMITED v RAMSPECS LIMITED [2015] NZHC 2396
- Citation
- [2015] NZHC 2396
- Court
- High Court
The Court held that litigation privilege under s56 continued because the earlier Nuphlo proceeding and the present NZH proceeding were part of the same legal combat — involving largely the same parties, issues and purpose — and thus the privilege in communications and information prepared for the dominant purpose of Nuphlo's proceeding subsists; accordingly the defendants' application to declare the privilege ended and compel discovery was declined, subject to review of whether specific documents were properly claimed privileged.
- Litigation privilege
- Section 56 evidence act 2006
- Privilege survival after termination of proceedings
- Discovery under high court rules r 8
- Abuse of process
- Concurrent rights under copyright act s124