High Court Wellington
28 April; 5 June 1986
Heron J
28 April; 5 June 1986
Heron J
Practice and procedure — Discovery — Particular discovery before proceedings commence — Test to be applied — Insurance company cancelled intending plaintiff's policies after receiving information that he had made a fraudulent insurance claim — Intending plaintiff believed that a business competitor had been insurance company's informant — Before commencing defamation proceedings against informant, intending plaintiff sought discovery from the insurance company of the exact words used by its informant — Whether information supplied to insurance company was privileged — whether intending plaintiff was entitled to discovery — Whether, if unsuccessful in opposing discovery, insurance company should pay costs — High Court Rules, RR 46 and 299.
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