29 May 2008
STICKLAND AND OTHERS AND ANOR V DRUMMOND AND OTHERS HC AK CIV2006-404-003078
- Citation
- openlaw-a6664f8e_e372_429f_ab79_a01b6ce3b859.pdf
- Court
- High Court
Defendants failed to discharge the onus to establish joint or common interest privilege for most documents on affidavit evidence alone; however, on inspection the court found Buddle Findlay's advice relating to the convertible notes, the Peter Francis proposal (precursor), and the draft AGM documents was obtained for the joint benefit of company and directors and attracted joint privilege. The defendants voluntarily disclosed significant procedural privileged advice about the convertible notes and thereby waived privilege over the convertible notes advice more broadly under the objective test…