William Patrick Jeffries v The Privacy Commissioner - SC 5/2010
Media releases
Summary
Civil – Litigation privilege – Whether the Court of Appeal erred in holding that unsolicited communication does not attract litigation privilege under s56 of the Evidence Act 2006 – Whether the Court of Appeal erred in interpreting the word ‘person’ in s91(4) of the Privacy Act 1993 – Whether the Court of Appeal was correct to apply s74 of the Evidence Act 2006 to matters before the Privacy Commissioner – Whether the Court of Appeal erred in law in failing to review the Privacy Commissioner’ s decisions – Whether the Court of Appeal erred in not addressing s27 of the New Zealand Bill of Rights Act 1990.[2009] NZCA 567 CA 339/2008 3 December 2009
Result
Application for leave to appeal granted. The approved ground is whether unsolicited communications received by the applicant while acting as a barrister are capable of attracting litigation privilege.
31 March 2010
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The appeal is dismissed. Any claim of privilege must be referred for the determination of the Privacy Commissioner in accordance with this judgment. No order for costs is made.
12 August 2010
31 March 2010
_______________________
The appeal is dismissed. Any claim of privilege must be referred for the determination of the Privacy Commissioner in accordance with this judgment. No order for costs is made.
12 August 2010
Related Documents
Leave judgment - leave granted — JEFFRIES v THE PRIVACY COMMISSIONER SC 5/2010 [31 March 2010] (PDF 47 KB)
Substantive judgment — JEFFRIES v THE PRIVACY COMMISSIONER SC 5/2010 [12 August 2010] (PDF 104 KB)
Additional Information