New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Unlawful interference in contractual relations

Legal area

Court

31 Oct 2022

BAKER v LIBEAU [2022] NZHC 2826

Citation

[2022] NZHC 2826
Court

High Court

Leave to bring a late application for security was granted; former counsel's affidavit was admissible and privilege was effectively waived by the defendants' conduct; that affidavit together with surrounding evidence provided reason to believe the defendants may be unable to pay adverse costs; accordingly security for costs was ordered in the sum of NZD 30,000 payable in two tranches with non‑payment resulting in stay of counterclaims, and specific discovery directions and confidentiality protections were made.
18 Sept 2019

GREENBAUM v SOUTHERN CROSS HOSPITALS LIMITED [2019] NZCA 438

Citation

[2019] NZCA 438
Court

Court of Appeal

The Court upheld the High Court's refusal to order disclosure under s69 Evidence Act 2006: on the evidence the public interest in preserving the confidentiality of private hospital credentialling (necessary to secure candid evaluative material and protect patient safety) outweighed the public interest in disclosure in the proceeding; the applicant's waiver and the Privacy Act considerations supported confidentiality; proposed restricted-access alternatives were insufficient to avoid the chilling harm.