New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Privilege exceptions

Legal area

Court

22 Jul 2014

MORGAN V WHANGANUI COLLEGE BOARD OF TRUSTEES CA498/2013 [2014] NZCA 340

Citation

[2014] 3 NZLR 713
Court

Court of Appeal

Without prejudice protection applied to the communications because there was a serious employment relationship problem that could give rise to litigation and the communications were made confidentially in connection with settlement; Bayliss Sharr's narrower test was disapproved; no exception (constructive dismissal, unlawful threat or blackmail) was established to defeat privilege, so the Employment Court was correct to uphold exclusion of the communications.
19 Nov 2013

GOODWIN v ROCKET SURGERY LIMITED [2013] NZHC 3052

Citation

[2013] NZHC 3052
Court

High Court

The correspondence was prima facie privileged under s57 Evidence Act 2006 and no established exception applied for the purposes of this costs application; the respondent was entitled to recover costs on the scale 2B allocations including two days for preparation of the notice of opposition, and the travel and overnight accommodation for counsel from Dunedin were necessary and reasonable disbursements given the matter's history and prejudice to respondent if local counsel unfamiliar with the file had been used.