New Zealand Case Law: Decisions & Judgments

Topic

Privilege and waiver

Legal area

Court

12 Mar 2021

RIDER v DISTRICT COURT [2021] NZHC 498

Citation

[2021] NZHC 498
Court

High Court

The documents sought were not relevant or necessary to the judicial review because they were not before the District Court Judge and did not form part of his decision on the s147 abuse of process application; accordingly discovery was discretionary and declined, and the CDA s30 procedure for disclosure is the appropriate route in the criminal proceeding rather than by interlocutory judicial review discovery.
16 May 2018

GIBSON v OFFICIAL ASSIGNEE [2018] NZHC 1077

Citation

[2018] NZHC 1077
Court

High Court

The Court ordered limited, proportionate discovery because the OA's internal records of CMF's GST status and documents showing whether advice was sought or given up to 26 Feb 2015 are directly relevant and capable of supporting the receivers' negligence and mistake case; privilege may limit production of advice but a list of documents must be provided and privilege resolved later; other discovery issues reserved or addressed by agreement.
1 Jul 2016

HOCKEY MANAWATU INCORPORATED v BANKS [2016] NZCA 300

Citation

[2016] NZCA 300
Court

Court of Appeal

The application for leave to appeal was dismissed because the matters raised were factual or questions of employment contract construction for the Employment Court, and did not raise questions of law of sufficient general or public importance to warrant the Court of Appeal's intervention under s 214 of the ERA.
2 Mar 2015

H and H v S [2015] NZHC 310

Citation

[2015] NZHC 310
Court

High Court

The strike-out application was dismissed because defendants' illegality defences and related counterclaim pleaded matters that were at least arguable: title to funds may be governed by foreign law (lex situs for movables) and therefore illegality defences were not plainly untenable; allegations as to foreign revenue law did not amount to an attempt by a foreign state to enforce penalties; by suing their solicitor plaintiffs effectively put privileged communications in issue and defendants may rely on those communications to the extent necessary to establish defences; accordingly pleadings can…

New Zealand Case Law

RIDER v DISTRICT COURT [2021] NZHC 498

GIBSON v OFFICIAL ASSIGNEE [2018] NZHC 1077

HOCKEY MANAWATU INCORPORATED v BANKS [2016] NZCA 300

H and H v S [2015] NZHC 310