New Zealand Case Law

2 Aug 2018

MIAH v AMP LIFE LIMITED (No.2) [2018] NZHC 1964

Citation

[2018] NZHC 1964

Court

High Court

External counsel communications were privileged under s54; privilege for in-house counsel communications failed because insurer did not prove practising certificates or that communications were legal rather than managerial; litigation privilege under s56 failed because insurer did not establish litigation was reasonably apprehended nor that preparation for litigation was the dominant purpose of Deloitte and other investigative materials; settlement privilege under s57 failed because there was no attempt to mediate or negotiate settlement and no dispute in the relevant sense; accordingly most…

• Legal professional privilege (s54 evidence act 2006)
• Litigation privilege (s56 evidence act 2006)
• Settlement/without prejudice privilege (s57 evidence act 2006)
• Discovery obligations
• In-house counsel privilege
• Dominant purpose test