1 Feb 2008
EDEN REFUGE TRUST & ANOR V HOHEPA & ANOR HC AK CIV 2003-404-000539
- Citation
- openlaw-0c197822_fe2f_474d_a90c_69cc3c906ea6.pdf
- Court
- High Court
The Court found the Dunedin hotel file relevant and ordered it produced for inspection; it refused to order production of Mr Hohepa's response letter as speculative and not shown relevant to Mr Fletcher; it ordered the trust account records evidencing the $144,213 transfer produced for inspection so the Court can determine whether privilege applies or is vitiated by the fraud exception; compliance was ordered within 14 days.
- Breach of trust
- Indemnity under professional indemnity policy
- Fraud/dishonesty exclusion
- Production and inspection of files
- Privilege and fraud exception
- Trust account records