Court of Appeal Wellington
27, 28 July 1993
Cooke P, Hardie Boys and Robertson JJ
27, 28 July 1993
Cooke P, Hardie Boys and Robertson JJ
Practice and procedure — Discovery, production and inspection — Complex litigation — Judge designated as trial Judge and to handle interlocutory matters — Application for production and inspection of documents — Objection to production of 1150 documents on grounds of legal professional and litigation privilege — Applicants alleged fraud exception to legal professional privilege rule — Whether designated Judge or another Judge should deal with application — Possibility of Judge inspecting documents and determining whether or not exception applied — Justice might not appear to be done if application dealt with by designated Judge — Companies Act 1955, s 62.
Practice and procedure — Bias — Complex litigation — Judge designated as trial Judge and to handle interlocutory matters — Application for production and inspection of documents — Objection to production of 1150 documents on grounds of legal professional and litigation privilege — Applicants alleged fraud exception to legal professional privilege rule — Whether designated Judge or another Judge should deal with application — Possibility of Judge inspecting documents and determining whether or not exception applied — Whether impression might be created that designated Judge had predetermined main issue in litigation — Companies Act 1955, s 62.
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