27 Oct 2023
AFFORDABLE HOUSING LTD v BODY CORP 396511 [2023] NZHC 3015
- Citation
- [2023] NZHC 3015
- Court
- High Court
Leave to bring the late disclosure/further discovery application was refused because (1) the application was brought too close to trial and after close of pleadings so the Elders Pastoral criteria (interests of justice, no significant prejudice, no significant delay) were not met; (2) the bulk of the documents sought attract legal or without prejudice privilege and the applicant did not establish express, implied or collateral waiver under the Evidence Act 2006 (including that s65(5) prevents unilateral waiver of mediation privilege); (3) the applicant failed to provide sufficient evidence th…