23 Feb 2022
STEWART v STEWART [2022] NZHC 263
- Citation
- [2022] NZHC 263
- Court
- High Court
The court applied r8.19 and established that properly sworn affidavits of documents are presumptively conclusive but the court may order additional discovery where there are reasonable grounds to believe discoverable documents exist and discovery is proportionate; trustees cannot maintain legal professional privilege against beneficiaries except in narrow circumstances (typically litigation privilege where advice relates to litigation between trustees and beneficiaries); applying those principles the court ordered discovery of specified categories (bankers' notes, certain trust and company tr…