Specialized Bicycle Components Inc v Sheppard Industries Ltd and Avanti Bicycle Company Ltd - SC 91/2011
Summary
Civil Appeal – Evidence – Scope of privilege for settlement negotiations or mediation – Whether the Court of Appeal erred in its interpretation and application of s 57 of the Evidence Act 2006 – Whether the Court of Appeal gave proper effect to the mediation agreement and confidentiality agreement between the parties – Whether the Court of Appeal erred in holding that the respondents could adduce particular affidavit evidence and evidence of what occurred during the course of mediation.[2011] NZCA 346 CA 805/2010
Result
Notice of abandonment being lodged, the appeal is deemed to be dismissed.
Additional Information
Leave to appeal is granted.
The approved ground is whether the respondents are precluded by the terms of the mediation agreement and/or the confidentiality agreement from adducing the disputed evidence.
12 October 2011.