New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Protection of vulnerable witnesses

Legal area

Court

3 Mar 2017

OLLIVER & ORS v DISTRICT COURT AT TAURANGA [2017] NZHC 337

Citation

[2017] 3 NZLR 72
Court

High Court

Given the imminent trial, existing protective mechanisms under s 85 Evidence Act, doubt as to the District Court's jurisdiction to order pre-trial disclosure of full written cross-examination, and potential prejudice to defendants, the High Court will grant an interim stay of the direction to permit a judicial review challenge and list the matter for directions.
1 May 2013

PARBERY V PARBERY HC CHCH CIV 2011-409-001678

Citation

openlaw-e1543243_9088_4879_9455_9e9b6c012b58.pdf
Court

High Court

The Court exercised its discretion under r 15.23 and related case law to depart from the presumption that a discontinuing plaintiff pays full costs because the plaintiff discontinued to avoid causing serious stress to an elderly key witness; accordingly the usual 2B scale costs order in favour of the defendant was reduced by 50%.