21 Oct 2016
ROBERT JONES HOLDINGS LTD v MCCULLAGH [2016] NZHC 2529
- Citation
- [2016] NZHC 2529
- Court
- High Court
The Associate Judge's refusals to order further discovery on the sham licence, solvency and credibility grounds were a proper exercise of discretion based on relevance, proportionality and the evidential complexion (including RJH's own conduct showing Northern Crest's insolvency); however the Judge erred in law on waiver by not applying collateral waiver principles—where the liquidators selectively relied on privileged communications they waived privilege in respect of other privileged communications dealing with the same discrete factual propositions (payments, insolvency indicators, and fee…