Interlocutory application — discovery — disclosure — privilege — property valuation — child support departure order — Family Proceedings Act 1980, s 180 — Evidence Act 2006, s 57 — New Zealand Institute of Chartered Accountants v Clarke [2009] 19 PRNZ 246 — Smith v Shaw [2020] NZHC 238 — Oceanbulk Shipping and Trading SA v TMT Asia Ltd [2010] UKSC 44, [2011] 1 AC 662 — Unilever Plc v The Proctor and Gamble Co [2000] 1 WLR 2436 (CA) — Smith v Shaw [2020] NZHC 1229. This hearing was to determine an interlocutory application for discovery. The parties had been married and had four (now adult) children together. The applicant sought retrospective orders for child support in a lump sum payment as well as variation to a spousal maintenance agreement. The main issues for determination were: whether privilege attached to a valuation in the respondent's possession of the company property owned by a trust; whether a tender document disclosed to the respondent on the undertaking he not disclose it to further parties be disclosed to the applicant; and whether the application under s 180 of the Family Proceedings Act ("FPA") had been discontinued. Pursuant to s 57 of the Evidence Act a party could invoke privilege in respect of a confidential document. The valuation had not been more widely distributed such that it was no longer confidential. Based on the information at hand the Judge concluded that privilege applied to the valuation document and declined to grant disclosure. In respect of the tender document, the Judge permitted its disclosure within the scope of the proceedings. With regards to the FPA application, the Judge noted that the only aspect that had been abandoned was in relation to the settlement of the trust. Judgment Date: 25 February 2021.