New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

High court rules r9.14 – common bundle evidence
  • 18 Dec 2012

    B AND T BLIND SPECIALISTS ROTORUA LIMITED V PEPPER HC ROT CIV-2011-463-580

    Citation
    openlaw-76df2a32_1cbd_4799_b3d6_09906cf82324.pdf
    Court
    High Court

    The Court exercised its discretion to potentially admit into evidence common-bundle documents despite non-compliance with r9.14(4)-(5) by applying r9.14(6) where admitting them would not materially prejudice the plaintiff, but refused to permit the defendant to re-open his closed case to give further oral evidence on central pleaded matters because that would unjustifiably assist the unrepresented defendant and unfairly prejudice the plaintiff; assistance to lay litigants is limited and does not extend to fundamentally remaking a party's case after closure.

    • Personal guarantee enforcement
    • Misrepresentation and deceit
    • High court rules r9.14 – common bundle evidence
    • Assistance to unrepresented litigants
    • Striking out pleadings
    • Re-opening evidence