20 Dec 2017
POROS v BURNEY [2017] NZHC 3254
- Citation
- [2017] NZHC 3254
- Court
- High Court
Primary: The court found that joint legal professional privilege attached because Burney acted for both purchasers and Poros is a joint privilege holder entitled to access the solicitor's records. Alternative (obiter): even if joint privilege did not arise, relitigation of the District Court's s67(1) finding would be an abuse of process/issue estoppel and Burney's claim to privilege in the identified documents is disallowed; accordingly Poros may use those documents in this proceeding.