New Zealand Case Law: Decisions & Judgments

Topic

Credibility and factual findings

Legal area

Court

15 Jul 2016

KUMAR v MINISTER OF IMMIGRATION [2016] NZHC 1593

Citation

[2016] NZHC 1593
Court

High Court

Leave to appeal under s245 and leave to bring judicial review under s249 were refused because the proposed grounds raised factual credibility disputes and challenges to Tribunal fact-finding rather than questions of law of general or public importance; the Tribunal correctly identified and applied the law (ss158,202,207) and there was no arguable error of law or other basis to satisfy the statutory high thresholds for leave.
10 Jun 2009

WPH V ITP HC AK CIV 2009-404-000462

Citation

openlaw-4c5a6b12_bbeb_4638_9ff9_fed1b5f34192.pdf
Court

High Court

On the cumulative s 2D factors and given the Family Court judge's credibility findings, the parties continued to live together as a couple on and after 1 February 2002; the High Court will not overturn those factual conclusions absent clear error, therefore the appeal is dismissed.
29 Jun 2004

LIEBHERR EXPORT - AG And Anor V ELLISON TRADING LIMITED CA CA174/03

Citation

openlaw-52cf865f_95eb_453b_8fc0_5f79906ea8ce.pdf
Court

Court of Appeal

The Court upheld the trial judge's finding that a binding contract was formed at the 30 November 1993 meeting; the term as to price expressed as 'fair and reasonable' was sufficiently certain because a court can objectively assess and fix such a price; there was evidence Liebherr Export agreed to guarantee performance; appeal dismissed.
2 Mar 2001

Johnson v Accident Compensation Corporation

Citation

[2001] NZACC 37
Court

District Court

Having assessed credibility and the evidence on balance of probabilities, the court found the practitioner did fully explain the nature and risks of the radiotherapy including possible bowel damage and that the patient gave informed consent; therefore no medical error occurred and the appeal is allowed.

New Zealand Case Law

KUMAR v MINISTER OF IMMIGRATION [2016] NZHC 1593

WPH V ITP HC AK CIV 2009-404-000462

LIEBHERR EXPORT - AG And Anor V ELLISON TRADING LIMITED CA CA174/03

Johnson v Accident Compensation Corporation