31 May 2023
HAGAMAN v HAGAMAN [2023] NZHC 1340
- Citation
- [2023] NZHC 1340
- Court
- High Court
The Court applied the purpose test under s54 Evidence Act 2006 and authorities (Balabel; Three Rivers) and concluded that several disputed documents were privileged because they were confidential communications made as part of the continuum for obtaining or providing legal advice; one document (HAG.005.00438) raised disputed facts about joint instruction and confidentiality and therefore the validity of privilege was adjourned to the substantive hearing; the estate's ability to maintain privilege under s66 and the trusts' separate claims were reserved for further argument where necessary.