1 Oct 2009
FRESH DIRECT LIMITED V J M BATTEN AND ASSOCIATES AND ANOR HC AK CIV 2008-404-004757
- Citation
- openlaw-fc20a375_ec9b_471a_a7b6_e5ac052a2ca2.pdf
- Court
- High Court
Evidence Act privileges do not apply retrospectively to communications created in July/August 2005; therefore pre-2006 common law governs. On that law: no solicitor/client relationship existed at the time so legal professional privilege did not attach; litigation was not reasonably apprehended and documents were not prepared for the dominant purpose of litigation so litigation privilege did not attach; common interest cannot create privilege where the underlying privileges are absent. Consequently the claimed privileges for the notification form, the NSA Limited letter and its annotated copy…