15 Dec 2017
MINISTER OF EDUCATION v H CONSTRUCTION NORTH ISLAND LIMITED [2017] NZHC 3147 [15 December 2017]
- Citation
- [2017] NZHC 3147
- Court
- High Court
Litigation privilege under s56 Evidence Act 2006 applied to the Alexander & Co reports (Sept 2012–Nov 2013), the ACH report and the July 2014 defect schedules because the dominant purpose was preparation for anticipated litigation; there was no waiver under s65(2) or s65(3) by referencing expert investigations in pleadings or by evidence exchanging limited briefing; the plaintiffs' reply was not so evasive as to require amendment given lack of contract documents and the defendant being put to proof; and leave was granted to the defendant to file its counterclaim (treated as filed 16 Oct 2017)…