New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Admission of affidavits

Legal area

Court

16 Feb 2018

PHILIP MOORE & CO LIMITED v SURRIDGE [2018] NZHC 172

Citation

[2018] NZHC 172
Court

High Court

The judge exercised discretion to admit the post‑trial affidavits and exhibits because they were relevant to the defendant's allegation that the plaintiff's witness fabricated evidence and admission did not prejudice the opposing party; however, on the evidence admitted the Court found the new material tended to show the plaintiff had not fabricated parts of the claim but was insufficient to establish or quantify actual loss, and the limited late affidavit of Mr Frittoli was permitted with a filing deadline.
30 Jul 2015

PARLANE v HAYES & ANOR CA356/2014 [2015] NZCA 341

Citation

[2015] NZCA 341
Court

Court of Appeal

The Court of Appeal held that the High Court judge erred in refusing to read the defence affidavits; on the facts the interests of justice required admission of the affidavits (and admission of fresh affidavit explaining counsel's conduct) because exclusion would irretrievably deny the appellant a merits hearing and the prejudice from adjournment could be addressed by costs or conditional (unless) orders; accordingly the interlocutory exclusion was set aside.