New Zealand Case Law: Decisions & Judgments

Topic

Inadvertent disclosure

Legal area

Court

19 Feb 2021

COURTESY MOTORS LIMITED v ENDEAVOUR COMMERCIAL LIMITED [2021] NZHC 221

Citation

[2021] NZHC 221
Court

High Court

P1 is not privileged because the act of executing and transmitting an unmarked draft was not an act done for the purpose of obtaining legal advice and thus did not create a privileged communication; P3 is privileged because it constituted a solicitor-client communication made for legal advice and its inadvertent electronic disclosure was a mistaken disclosure within s65(4) so privilege was not waived.
28 Jul 2015

BLUM v ANZ BANK NEW ZEALAND LIMITED CA241/2014 [2015] NZCA 335

Citation

[2015] NZCA 335
Court

Court of Appeal

The Court dismissed the appeal, holding that the appellants may only disclose the narrow fact that Mr Blum requested details of Global's trade finance loans and inadvertently received confidential information; the appellants failed to discharge the onus of establishing a public interest defence to justify further disclosure of report details or numbers of affected customers, and suppression orders and restraints were appropriate to protect ANZ's confidential information and its customers.
14 Dec 2006

MARANATHA LTD, UPSON & HICKMAN V TOURISM TRANSPORT LTD HC AK CIV2006-404-6431

Citation

openlaw-e9d13da8_9d19_4f42_9e2d_e1cc7e6e8250.pdf
Court

High Court

There was a serious question to be tried concerning the confidential information and the balance of convenience strongly favoured protecting TTL’s confidential information by granting an interim injunction pending full hearing; damages were not an adequate remedy and the information should be excised from the affidavit and re-served.

New Zealand Case Law

COURTESY MOTORS LIMITED v ENDEAVOUR COMMERCIAL LIMITED [2021] NZHC 221

BLUM v ANZ BANK NEW ZEALAND LIMITED CA241/2014 [2015] NZCA 335

MARANATHA LTD, UPSON & HICKMAN V TOURISM TRANSPORT LTD HC AK CIV2006-404-6431