13 Feb 2023
DAVERN v QBE INSURANCE (AUSTRALIA) LTD [2023] NZHC 182
- Citation
- [2023] NZHC 182
- Court
- High Court
The Court exercised its discretion to treat the defendant's late objection as an irregularity and to consider admissibility; it upheld objections in part, ordering excision of passages in James's brief that expressed opinions on the legal meaning or contractual obligations under the 2012 RSMA and other assertions not demonstrably within his personal knowledge, while permitting contextual evidence about processes and documents in which he was personally involved to remain subject to amendment and to further scrutiny at trial.