24 Aug 2016
TAUEKI v MARGARET TAUEKI [2016] NZHC 1982
- Citation
- [2016] NZHC 1982
- Court
- High Court
Leave to cross-examine was refused because declaratory judgment proceedings are primarily legal in nature and governed by pt 18 of the High Court Rules which limits evidence to affidavits or agreed facts; the Court will not permit broad cross-examination on matters only indirectly relevant to the narrow legal question of the validity of the HDC's 2013 resolution, and permitting the proposed cross-examination would inject extensive disputed facts and defeat the purpose of the procedure.