8 Mar 2021
BERIC v EADY & ORS [2021] NZHC 419
- Citation
- [2021] NZHC 419
- Court
- High Court
The Court rejected the plaintiff's admissibility objections and allowed the challenged affidavit material to stand for determination by the trial Judge because the material is relevant to the critical issue (state of the deceased's relationship), s 12A permits consideration of otherwise inadmissible hearsay in family proceedings involving a deceased, the affidavits appear to be the witnesses' authentic accounts, and there is a real risk of prematurely excluding evidence that a trial Judge might later find admissible; the objections are dismissed without prejudice and subject to any further or…