30 Aug 2022
McGRATH v DALGETY [DALGETY & TWOMEY in their capacity as Executors of JAMES SCOTT DALGETY] [2022] NZHC 2180
- Citation
- [2022] NZHC 2180
- Court
- High Court
On the balance of probabilities the Court found the deceased was the plaintiff's biological and legal father based on credible and uncontradicted evidence of an exclusive sexual relationship between the mother and the deceased at the time of conception, timing of birth, consistent post‑birth conduct by the deceased (attendance, gifts, statements), absence of evidence of other partners, medical evidence that one testicle does not preclude paternity, and the proper adverse inference under Family Proceedings Act s57(2) from the deceased's refusal to undergo parentage testing despite his litigati…