New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Admissions of fact

Legal area

Court

28 Sept 2023

COOKE v BUTLER [2023] NZHC 2716

Citation

[2023] NZHC 2716
Court

High Court

The settlement communications did not constitute clear and unambiguous admissions of fact because they expressly reserved the trustees' legal positions and were framed as in-principle offers subject to formal documentation; furthermore, even if treated as admissions, the factual concessions were too imprecise and incomplete to resolve the entirety of the defendants' pleaded causes of action, so judgment under r 15.15 was not available; the application was dismissed.
27 Jun 2013

DELIU v THE NEW ZEALAND LAW SOCIETY [2013] NZHC 1584

Citation

[2013] NZHC 1584
Court

High Court

The plaintiff failed to establish that the extensive discovery, interrogatories and admissions sought were reasonably necessary or proportionate to fairly dispose of the judicial review claims; given the limited scope of review of Standards Committee decisions, the public interest in expedition and the extent of prior disclosure, the interlocutory applications were dismissed except that the defendant must plead to allegations in paragraphs 6 and 18 of the statement of claim; amended statement of defence to be filed by 19 July 2013.