New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Evidence exclusion

Legal area

Court

11 Jun 2018

MOIR v IHC NZ INC [2018] NZHC 1360

Citation

[2018] NZHC 1360
Court

High Court

A reviewer exercising statutory review functions is entitled to make and enforce clear timetable directions and, absent exceptional circumstances and a demonstrated inability to comply, may refuse to admit late expert evidence; in this case there was no vitiating breach of natural justice because the applicant had a reasonable opportunity to present evidence, delays were attributable to the applicant and counsel, and admission would have prejudiced timeliness and the respondent.
3 May 2011

TRUSTEES EXECUTORS LIMITED V QBE INSURANCE (INTERNATIONAL) LIMITED HC AK CIV 2009-404-1165

Citation

openlaw-cb4ee2b5_9b4b_4d7b_8fe6_d6d646f93337.pdf
Court

High Court

Award costs to defendant on a category 3, 3B basis because the matter was complex and involved difficult issues of policy interpretation and causation; decline to reduce defendant's costs for its unsuccessful challenge to the declaratory procedure because the issue occupied a short part of the hearing and did not significantly increase costs; order that costs and disbursements related to the application to exclude Mr Anderson's affidavit lie where they fall, and reduce the defendant's recoverable costs accordingly.