26 Aug 2011
FULLERTON-SMITH V FULLERTON-SMITH HC HAM CIV 2011-419-615
- Citation
- openlaw-c4602a13_ff33_4250_9da6_5ea77a699df9.pdf
- Court
- High Court
On the evidence at the interlocutory stage the letters were legal advice to Mr Fullerton-Smith in his personal capacity, not to the Trust; therefore he alone holds privilege and has not waived it, and there is insufficient evidence to establish a prima facie dishonest purpose under s 67(1) Evidence Act 2006 to displace that privilege; the application to rely on the letters was dismissed.