13 Jul 2021
BERIC v EADY [2021] NZHC 1755
- Citation
- [2021] NZHC 1755
- Court
- High Court
The court held the estate planning documents were privileged under s54 of the Evidence Act 2006; inclusion of files in a discovery list did not effect a general or implied waiver; the limited documents already disclosed did not waive privilege over the remainder; the joint interest exception did not apply because the documents were created by the deceased before the estate existed and the plaintiff did not hold an unqualified beneficial interest; accordingly the application to set aside the privilege claims was dismissed.