[2013] NZEmpC 134 Hallwright v Forsyth Barr ltd [pdf, 66 KB]
...the use of the words “without prejudice” is not necessary if the intention is clear; Cross on Evidence (4 th NZ ed) para 10.43. On the other hand, the use of the words will not necessarily protect the entire contents of the communication. Statements that have no bearing on the negotiations will not be protected. Protection will be accorded only to statements that are reasonably incidental to the negotiations; Field v Commissioner for Railways for New South Wales (1955) 99 CLR...