New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Dismissal for lack of evidence

  • 28 Aug 2014

    TERRY v R CA234/2014 [2014] NZCA 423

    Citation
    [2014] NZCA 423
    Court
    Court of Appeal

    The Court dismissed the application for leave because the proposed appeal did not raise any question of law that ought to be determined by the Court of Appeal and the lower courts' discretionary decisions were appropriate.

    • Leave to appeal
    • Travel expenses
    • Adjournment
    • Dismissal for lack of evidence

  • 18 Dec 2009

    VENTURE FINANCIAL SERVICES (NZ) LTD V TUKULUA HC AK CIV-2009-404-005278

    Citation
    openlaw-e48cd9f6_ea7d_4f82_bb52_19b4d3c1e32a.pdf
    Court
    High Court

    The District Court judge lacked sufficient admissible evidence to dismiss the plaintiff's claim and gave no reasons for dismissal; accordingly the appeal is allowed, the dismissal is quashed and the matter is remitted to the District Court for hearing.

    • Joinder
    • Default judgment
    • Dismissal for lack of evidence
    • Reasons for judgment
    • Credit contracts act 1981 disclosure
    • Remittal to lower court