25 Aug 2016
STRACK & WMC TRUSTEE LTD v GREY (Privilege) [2016] NZHC 1980
- Citation
- [2016] NZHC 1980
- Court
- High Court
Documents D102–D105 (dated 27 February 2014) were prepared for the dominant purpose of preparing for an apprehended proceeding and are privileged under s56 Evidence Act 2006; the handwritten file note dated 26 February 2014 is not privileged because it records routine instructions about cancelling the contract and contains no indication that a proceeding was apprehended, and s56 requires an apprehended proceeding, not a mere possibility.
- Litigation privilege
- Preparatory materials privilege (s56 evidence act 2006)
- Discovery
- Repudiation
- Contract cancellation
- Damages on resale