10 Dec 2020
Leave to appeal was refused because the application to obtain an unredacted search warrant was a routine Access Rules matter that did not raise questions of general or public importance and there was no real risk of miscarriage of justice; the reasons that supported prior redaction under the Criminal Disclosure Act continued to provide a proper basis to decline the request.
11 May 2020
Leave to appeal was refused because the applicant was able to advance his defence at trial, the Court of Appeal reviewed the unredacted warrant and endorsed the District Court's conclusions, and there was neither an issue of general or public importance nor a real risk of miscarriage of justice as required by Senior Courts Act 2016 s 74(2).
12 Aug 2010
Unsolicited communications can attract litigation privilege if they are made, received, compiled or prepared by the party or the party's legal adviser for the dominant purpose of preparing for a proceeding; the identity of an informant can also be privileged depending on context; however any claim of privilege must be raised and determined by the Privacy Commissioner under s94(1A) before it can be the subject of judicial review, so raising privilege in the Court of Appeal was premature.