11 Oct 2016
BALLANTYNE TRUSTEES LIMITED AND OTHERS v PAPPRILL HADFIELD & ALDOUS SOLICITORS NOMINEE COMPANY LIMITED [2016] NZHC 2414
- Citation
- [2016] NZHC 2414
- Court
- High Court
Where an interlocutory decision followed full preparation and a full hearing, evidence proffered on a r 7.49 application will be treated by the Court under the same freshness, credibility and cogency tests as on appeal; the applicants' new expert evidence and documents could have been obtained for the original hearing and therefore failed the freshness requirement and the application for rescission or variation is dismissed.