New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Damages for mental distress

  • 21 Nov 2018

    Huljich v Huljich [2018] NZHC 3029

    Citation
    [2018] NZHC 3029
    Court
    High Court

    Applying ss 7, 8 and 25 of the Evidence Act 2006 the Court provisionally admitted limited factual material relevant to the surrounding circumstances of the loans but excluded paragraphs and entire expert briefs where they were irrelevant to issues in dispute, were hearsay/propensity without necessary foundation, or where low probative value risked needlessly prolonging the trial. Specifically: certain paragraphs of the plaintiff's brief admitted provisionally; paragraphs making allegations of deceptive instructions to solicitors, extraneous family propensity matters, and detailed hearsay were…

  • 4 Sept 2013

    MA v TAY [2013] NZHC 2292

    Citation
    [2013] NZHC 2292
    Court
    High Court

    Claims for general damages were dismissed because the material and substantial cause of the plaintiff's distress was the prior Westpac judgment and the plaintiff's own earlier conduct; the fraud claim failed because 'fraud' was not pleaded as a recognized cause (eg deceit) and the facts did not establish knowingly false representations by the defendant; conspiracy claims failed because there was no intention to harm the plaintiff and no established unlawful means or likely-to-cause-loss state of mind by the conspirators.