New Zealand Case Law: Decisions & Judgments

Topic

Evidence and credibility

Legal area

Court

17 Oct 2022

BRYTEC STOCK FEED LIMITED v IMAGE HOLDINGS LIMITED [2022] NZHC 2675

Citation

[2022] NZHC 2675
Court

High Court

Brytec failed to establish any reasonably arguable dispute: the alleged fixed price was not a standing agreement; communications and invoices demonstrated awareness of higher rates; Brytec's overpayment assertion lacked coherent allocation evidence and was contradicted by IHL's application of payments to historical debt; the lard/defect counterclaim lacked contemporaneous evidence and was undermined by emails showing agreement to use lard; IHL's Terms of Trade validly conferred a general lien over Brytec's stock. The statutory demand therefore stands and the application is dismissed.
13 Sept 2021

CHEN v NEW ZEALAND POLICE [2021] NZHC 2386

Citation

[2021] NZHC 2386
Court

High Court

The appellate court concluded the trial Judge did not err: the Judge permissibly relied on contemporaneous WeChat admissions and the appellant's inconsistent accounts to reject self-defence and accept the complainant's evidence; the offending's gravity (two assaults in breach of a protection order) was low-to-moderate and the direct and indirect consequences of conviction (including potential deportation and employment effects) were not out of all proportion to that gravity, so discharge without conviction was properly refused and convictions are upheld.
28 Feb 2020

PRASAD v REAL ESTATE AGENTS AUTHORITY (COMPLAINTS ASSESSMENT COMMITTEE 416) [2020] NZHC 335

Citation

[2020] NZHC 335
Court

High Court

The High Court upheld the Tribunal's factual findings that Prasad failed to disclose significant road‑widening information to all potential purchasers and colleagues and deliberately falsified diary and transaction records to evade investigation; those findings established s73(b) misconduct and s73(a) disgraceful conduct by dishonesty; given the deliberate falsification, lack of insight and absence of remorse cancellation of Prasad's licence was the only appropriate penalty after assessing mitigation and public interest.
17 May 2019

GLORIA JEAN’S COFFEES INTERNATIONAL PTY LTD v DABOKO LTD [2019] NZHC 1097

Citation

[2019] NZHC 1097
Court

High Court

The Court found the April 2013 document was intended to be binding between Jireh and Ms Borisova; evidence supports that material changes were agreed and acted upon in early May 2013 and that Daboko ratified the pre-incorporation agreement by conduct (payments and invoices) after incorporation; the plaintiffs (GJC/RFG) are entitled to judgment on liability for unpaid franchise fees plus interest under the agreement; whether specific performance will be granted depends on further submissions on consideration for the alleged May 2013 variation and quantum will be addressed in the final judgment.
28 Jun 2017

Devereux & Ors v Ngakuru [2017] NZHC 1451

Citation

[2017] NZHC 1451
Court

High Court

The Court accepted the plaintiffs' account and contemporaneous solicitor correspondence showing the parties agreed the defendant would both transfer the 40ha Block and pay one-half of the Company's debts; because the defendant did not pay his agreed half the factual basis for accord and satisfaction, estoppel and waiver failed and the plaintiffs were entitled to judgment for the admitted debt of $653,495 plus interest.
14 Jun 2017

HARVEY v REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL [2017] NZHC 1311

Citation

[2017] NZHC 1311
Court

High Court

The High Court concluded there was insufficient evidence to support the Tribunal's finding that the appellant agreed to market the purchasers' sections; objective evidence (absence and nature of advertising, contract clauses permitting cancellation and marketing, timing) contradicted the Tribunal's reliance on the appellant's investigator interview and a solicitor's letter; because the Tribunal did not adequately explain preferring the earlier statements, the Court preferred the objective evidence on appeal and quashed the finding of unsatisfactory conduct.
10 Oct 2016

DEVEREUX v NGAKURU [2016] NZHC 2430

Citation

[2016] NZHC 2430
Court

High Court

Summary judgment was dismissed because the defendant's accord and satisfaction defence, based on an oral meeting whose terms were contested and where contemporaneous emails and witness accounts conflicted, could not be categorically ruled out as non-arguable; the factual disputes about what was agreed and the legal effect of any agreement required an oral hearing and credibility assessment.
3 Mar 2016

RED v RED [2016] NZHC 340

Citation

[2016] NZHC 340
Court

High Court

The High Court dismissed the appeal and affirmed the Family Court: the mother failed to establish the high threshold of a grave risk of physical or psychological harm or an intolerable situation on return, and the children's objections (particularly W) were given little weight because they lacked sufficient maturity and were heavily influenced; therefore Convention policy requires return to Australia where the Australian courts and agencies can address protections and custody.
31 Jul 2015

Guest v Accident Compensation Corporation

Citation

[2015] NZACC 217
Court

District Court

The appellant failed to prove she was incapacitated by her covered injury at the time she ceased employment in April 2011 as required by s103(2); contemporaneous medical evidence and credible contemporaneous reasons for resignation were absent and the resignation was attributable to relocation rather than established incapacity, therefore entitlement to weekly compensation was not established.
21 Aug 2013

ASSET FINANCE LIMITED v STENNER [2013] NZHC 2128

Citation

[2013] NZHC 2128
Court

High Court

The statutory demand was set aside because there was sufficient material to establish an arguable genuine dispute as to when the damage occurred given gaps in the custody timeline, conflicting evidence from the repossession agent and Turners, and unresolved credibility issues; therefore the debt was not incontrovertible under s290(4).