12 Aug 2010
JEFFRIES V THE PRIVACY COMMISSIONER SC 5/2010
- Citation
- SC 5/2010
- Court
- Supreme Court
Unsolicited communications can attract litigation privilege if they are made, received, compiled or prepared by the party or the party's legal adviser for the dominant purpose of preparing for a proceeding; the identity of an informant can also be privileged depending on context; however any claim of privilege must be raised and determined by the Privacy Commissioner under s94(1A) before it can be the subject of judicial review, so raising privilege in the Court of Appeal was premature.