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Court of Appeal Wellington
CA 209/02
5 December 2002; 13 February 2003
McGrath, Baragwanath and William Young JJ
CA 209/02
5 December 2002; 13 February 2003
McGrath, Baragwanath and William Young JJ
Evidence — Privilege — Litigation privilege — Reference in pleadings to expert advice — Whether constituted waiver of privilege — Considerations — Role of fairness and natural justice — Whether discretionary decision.
Practice and procedure — Appeals — Appeals de novo and by rehearing — Whether decision exercise of discretion — Decision whether litigation privilege waived — High Court Rules, R 61C.