Miah v AMP Life Limited

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2013-404-2864

[2018] NZHC 1964

BETWEEN

ABDUR RAHIM MIAH

Plaintiff

AND

AMP LIFE LIMITED

Defendant

Hearing:

2 July 2018

Appearances:

R J Hooker for the Plaintiff

J Knight and S Kettani for the Defendant

Judgment:

2 August 2018

JUDGMENT (No.2) OF ASSOCIATE JUDGE R M BELL

This judgment was delivered by me on 2 August 2018 at 4:00pm

pursuant to Rule 11.5 of the High Court Rules.

…………………………………

Deputy Registrar

Solicitors:

Vallant Hooker & Partners, Ponsonby, Auckland, for the Plaintiff Chapman Tripp, Wellington, for the Defendant

MIAH v AMP LIFE LIMITED (No.2) [2018] NZHC 1964 [2 August 2018]

[1]    This decision is on Mr Miah’s application under r 8.25 of the High Court Rules 2016 to set aside claims for privilege by AMP Life Ltd in its discovery affidavit. It has provided a folder of documents for inspection. Where redactions to discovered documents are challenged, I have seen both the redacted and unredacted versions. Privilege is claimed on three grounds:

(a)legal professional privilege under s 54 of the Evidence Act 2006;

(b)litigation privilege under s 56; and

(c)settlement privilege under s 57.

By and large I uphold most but not all the claims for legal professional privilege, but not the claims for litigation privilege and settlement privilege.

[2]    In the substantive proceeding, Mr Miah sues on a life insurance policy over the life of his late wife, Afrouza Miah. In 2006 they jointly took out an “AXA Risk Protection Plan” with the National Mutual Life Association of Australasia Ltd with cover of $2 million. A policy on Mr Miah’s life for the same amount was taken out at the same time.

[3]    Mrs Miah died in Bangladesh on 22 May 2007. Shortly before she died, on 4 and 11 May 2007, she made two holograph wills. These dealt with the proceeds of the insurance policy, but with little else. The month before, on 4 April 2007, Mr Miah was adjudicated bankrupt. Mrs Miah is said to have been murdered. Mr Miah’s brother was prosecuted and convicted for her murder. Shortly after her death, National Mutual was given a tip-off to be suspicious of any claim Mr Miah made under the policy. Mr Miah informed National Mutual of the death of his wife in July 2007. On 19 March 2012, National Mutual formally declined his claim under the policy. He began this proceeding in May 2013, suing for his wife’s half share as executor under her will of 11 May 2007. The life insurance business of National Mutual has been

transferred to AMP Life Ltd. For convenience, I will generally refer to the insurer as “National Mutual”.1

[4]    From the outset National Mutual was suspicious of Mr Miah’s claim under the policy. It has not, however, pleaded that Mr Miah was involved in the death of his wife or that, despite a Bangladeshi death certificate as to Mrs Miah’s death by strangling, she is…