16 Mar 2021
EASTON v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2021] NZHC 519
- Citation
- [2021] NZHC 519
- Court
- High Court
Where a beneficiary's interests have become adversarial and litigation is contemplated, a trustee may claim legal professional privilege (including legal advice privilege and litigation privilege) against that beneficiary because the common interest underpinning disclosure is lost and the trustee must be able to protect the trust's interests by obtaining confidential legal advice.