New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Procedural fairness for self-represented litigant
  • 17 Aug 2011

    MCLAUGHLAN V ZHONG HC AK CIV-2011-404-004508

    Citation
    openlaw-70b30aa4_5c67_4287_b784_7d3babea1aa3.pdf
    Court
    High Court

    The application for a stay was granted by consent; the broad, open-ended request to adduce fresh evidence was refused because the appellant failed the primary criterion that the evidence could not have been obtained with reasonable diligence at first instance. However, because the appellant alleged specific verifiable errors on the face of the Tribunal record (notably the alleged mistaken reference to an exterior cladding inspection and misunderstanding about producer statements) and had limited time to prepare, the Court adjourned to allow the appellant six weeks to produce a focused draft o…