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Seamar Holdings Ltd v Kupe Group Ltd - [1995] 2 NZLR 274

$30.00

Court of Appeal Wellington
22 February; 7 April 1995
Cooke P, Hardie Boys and Gault JJ
Practice and procedure — Appeals to Court of Appeal — Application to High Court for review of Master's decision — High Court issuing interim judgment ordering production of documents for inspection — High Court refusing leave to appeal the order in Court of Appeal — Whether Court of Appeal had jurisdiction to hear an appeal from a refusal of leave to appeal — Judicature Act 1908, s 66 — High Court Rules, R 61C(6).
Practice and procedure — Discovery, production and inspection — Legal professional privilege — Fraud exception — Documents held by non-parties — Court's unfettered power of inspection when exception pleaded — Whether a threshold finding of prima facie fraud outside the documents was required before documents could be produced to the Court for inspection — High Court Rules, R 311.

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