New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Legal professional privilege and waiver

  • 21 Oct 2016

    ROBERT JONES HOLDINGS LTD v MCCULLAGH [2016] NZHC 2529

    Citation
    [2016] NZHC 2529
    Court
    High Court

    The Associate Judge's refusals to order further discovery on the sham licence, solvency and credibility grounds were a proper exercise of discretion based on relevance, proportionality and the evidential complexion (including RJH's own conduct showing Northern Crest's insolvency); however the Judge erred in law on waiver by not applying collateral waiver principles—where the liquidators selectively relied on privileged communications they waived privilege in respect of other privileged communications dealing with the same discrete factual propositions (payments, insolvency indicators, and fee…

    • Insolvent transactions (voidable transactions)
    • Discovery and disclosure
    • Legal professional privilege and waiver
    • Relevance and proportionality in interlocutory discovery
    • Credibility/veracity evidence
    • Costs uplift

  • 13 Jul 2012

    S V W HC AK CIV-2011-404-3775

    Citation
    openlaw-c37cbaa6_f16f_4319_81d6_b05b80f503c7.pdf
    Court
    High Court

    Applicant's medical experts were permitted to take into account affidavit material and other relevant documents when forming opinions on capacity provided such material is legally relevant and either proved or judicially noticed under s25(3) Evidence Act 2006; the application to exclude respondent's expert evidence for non‑compliance was dismissed (allowing the respondent to file further compliant evidence); reciprocal disclosure of medical records was ordered by affidavit within specified timeframes; particular discovery was limited to documents concerning communications in March–May 2011 be…

    • Expert evidence
    • Admissibility of expert opinion
    • Medical examination under s100 judicature act
    • Exclusion of evidence for non‑compliance with expert code
    • Particular discovery
    • Legal professional privilege and waiver

  • 9 Feb 2011

    MYVIRTUALHOME INTERNATIONAL LTD (IN RECEIVERSHIP AND IN LIQUIDATION) V NGATI TAMA CUSTODIAN TRUSTEE LIMITED HC AK CIV 2009-443-548 (incorporating CIV 2010-404-2197)

    Citation
    openlaw-28b15bd8_99db_4411_ab3c_c087bed372bc.pdf
    Court
    High Court

    Court exercised discretion under High Court Rules r8.26, r8.27 and r8.33 to require URS to file a verified affidavit stating whether defined documents were or are in its control and to make documents available for inspection if in its control, subject to payment of URS's estimate of expenses; required URS to provide an estimate within seven days and permitted staged production upon payment; ordered a verified list to separately identify documents between Mr Martin and legal firms to enable prompt resolution of privilege issues; reserved wider cost questions and directed case management before…

    • Ownership of source code
    • Validity of debentures and guarantees
    • Appointment of receivers
    • Non-party discovery under high court rules r8.26
    • Legal professional privilege and waiver