Production of documents on a taxation of costs waives litigation privilege only for the limited purpose of the taxation; a successful litigant is not put to an election between prosecuting costs and losing confidentiality. Documents obtained through compulsory curial process on taxation are subject to the rule of preclusion and cannot be used for collateral purposes such as an application to set aside final orders, absent special circumstances. The improper purpose exception to litigation privilege requires material from which the existence of the purpose can reasonably be inferred, not mere speculation.
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