New Zealand Case Law: Decisions & Judgments | LexChat

Topic

False affidavit

Legal area

Court

28 Nov 2014

YORK LIMITED v ULTIMATE TEMPS LIMITED [2014] NZHC 3024

Citation

[2014] NZHC 3024
Court

High Court

Because the applicant denied execution of the term loan agreement and asserted forgery, creating a genuine, unresolved, and serious dispute as to whether the document and debt are genuine that could not be resolved on the affidavit material before the Court, the statutory demand had to be set aside; ancillary procedural matters (leave to rely on earlier affidavit, policing referral) did not alter that conclusion.
19 Dec 2012

SUSAN MARGARET LEE V BRODIE JANE ARCHER HC CHCH CIV-2012-409-002048

Citation

openlaw-5520af53_a00a_4689_a2c7_7024cd5a239d.pdf
Court

High Court

A grant of Letters of Administration founded on an affidavit that was false in a material respect justified recall; neither a bare claim of privacy nor speculative risk to administration nor the existence of an appeal justified staying publication or enforcement because the de facto partner had priority to apply, would likely be appointed if no stay, the successful party suffered significant injurious effect, and public interest in protecting court process and deterring false affidavits outweighed the appellant's interests.