New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Adjournment for further evidence

Legal area

Court

18 May 2016

R v LYTTELTON [2016] NZHC 1042

Citation

[2016] NZHC 1042
Court

High Court

The judge refused an adjournment for a disputed facts hearing because s24 permits the judge to accept facts disclosed at trial and the trial evidence and jury verdict provided sufficient basis to resolve factual disputes; and held s79 is principally a Parole Board calculation provision and does not prevent a judge from imposing a longer sentence today or from directing the defendant return to custody (R v Lloyd was exceptional and inapplicable here).
12 Sept 1996

Fahy v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 73
Court

District Court

The appeal is adjourned because the appellant's existing evidence is insufficient to overcome the respondent's assertion of prejudice from the delayed claim; the appellant must obtain a specialist medical report or otherwise produce evidence to enable the Corporation or the Court to determine causation and prejudice; merits remain unconsidered until further evidence or a further decision by the Corporation.