New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appeal standard for factual findings

  • 1 Mar 2018

    AP & AW HUGHES LTD v LYALL [2018] NZCA 28

    Citation
    [2018] NZCA 28
    Court
    Court of Appeal

    The appeal was dismissed because the Court accepted the trial judge's factual findings that the crop was over-mature and lignified which caused machine failures and necessitated a reasonable industry-recognised 'mow, rake, lift' workaround; the defendant's obligation was limited to exercising the skill of a reasonably competent silage contractor and he did not breach that duty; therefore the respondent was not liable for the claimed losses.

    • Duty of care
    • Causation
    • Standard of care
    • Mitigation
    • Appeal standard for factual findings
    • Damages

  • 30 Apr 2013

    G V S HC HAM CIV 2012-419-001405

    Citation
    openlaw-471f7351_eee1_4236_a609_a02e9a680d08.pdf
    Court
    High Court

    Appeal allowed in part: (1) vehicle debt remained a relationship debt under s20 and cannot be allocated solely to respondent because of appellant's selling mistakes; trial judge erred by treating appellant as solely liable for that debt; (2) Malaysian tax debt incurred during marriage is a relationship debt and should have been accounted for under s20D; (3) advances from appellant's father were loans and the father's unchallenged affidavit rebutted the presumption of advancement so those sums are deductible as relationship debts; (4) net proceeds of the Malaysian property were relationship pr…

    • Division of relationship property
    • Characterisation of gifts vs loans between spouses
    • Relationship debts under s20
    • Superannuation valuation and adjustment
    • Application of s11a and s10(3)
    • Presumption of advancement