6 Nov 2018
GAVIN v POWELL [2018] NZHC 2866
- Citation
- [2018] NZHC 2866
- Court
- High Court
Where a beneficiary challenges trustees' conduct, the court will order discovery of specific trust-related documents that are relevant and proportionate to pleaded issues, but will not order wide disclosure of solicitor files or documents created for legal advice (privileged). Applying r 8.19 and the principles in Erceg, the court ordered limited discovery of documents recording communications and decisions about the retirement of the court-appointed trustee and the appointment of her replacement while withholding privileged legal-advice materials.