25 May 2015
NZX LTD v RALEC COMMODITIES PTY LTD [2015] NZHC 1130
- Citation
- [2015] NZHC 1130
- Court
- High Court
The Court found that the dominant purpose test was not met for the vast majority of the documents dated March–November 2010 because their content and context show they were intended to pressure NZX to cooperate rather than to prepare for litigation; privilege was therefore upheld only for a limited subset of documents (specific early April 2010 scoping documents and a single note) and disallowed for the remainder, which must be discovered on an open basis.