New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Contemporaneous evidence

Legal area

Court

14 Mar 2019

Estate of NERHENY [2019] NZHC 454

Citation

[2019] NZHC 454
Court

High Court

Grant of probate in solemn form because, applying the established test for testamentary capacity, the combination of close consistency between wills, independent solicitor's observation and timely file note, contemporaneous acts demonstrating coherent intention, and a later medical assessment indicating rationality satisfied the court that the deceased had requisite testamentary capacity when executing Will A on 30 May 2016.
1 Sept 2015

Cotter v Accident Compensation Corporation

Citation

[2015] NZACC 260
Court

District Court

No question of law was identified and the unchallenged medical evidence established that the lumbar disc degeneration was constitutional/genetic with no causal connection to any alleged accident; therefore leave to appeal was properly refused.
25 Feb 2010

Blair v Accident Compensation Corporation

Citation

[2010] NZACC 30
Court

District Court

On the balance of probabilities the appellant's inguinal hernia was caused by a single traumatic event on 2 April 2008; the appellant's credible evidence, the GP diagnosis shortly after the event, and a reasonable explanation for the absence of contemporaneous attribution satisfied the onus of proof and required quashing of the ACC decision declining cover.