New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Evidence and findings of fact

Legal area

Court

31 May 2017

KR2 v Accident Compensation Corporation (Leave to Appeal)

Citation

[2017] NZACC 59
Court

District Court

Leave to appeal was refused because no question of law arose: Judge MacLean's factual finding that there was no evidential basis, beyond the applicant's self‑belief, to link the erectile dysfunction to either the sexual abuse or Risperidone was properly open on the evidence, so there is no basis for appellate review as a question of law.
27 Nov 2014

LINWOOD FOOD BAR LIMITED v DAVISON AND ORS [2014] NZHC 2980

Citation

[2014] NZHC 2980
Court

High Court

Although the Authority overstated that the director 'overruled' the duty manager, the evidence established the director persuaded staff to admit a large group and that incident formed part of a pattern of deficient management, inadequate systems and recurrent incidents at high-risk premises; the applicant failed to discharge the onus to demonstrate suitability for renewal, so the Authority's decision to decline renewal was open on the evidence and is upheld.