22 Nov 2017
SOTANA v VONGLA [2017] NZHC 2870
- Citation
- [2017] NZHC 2870
- Court
- High Court
The mother's affidavit was not fresh because it was available with reasonable diligence before she left New Zealand; the affidavit was not sufficiently cogent or materially supportive of the appellant's competing factual accounts (and photographic evidence supported the respondent's gift narrative); the appellant had elected not to adjourn at first instance and could have obtained the evidence earlier; on balance admitting the affidavit would risk relitigation and was not in the interests of justice, so the application to admit the evidence is dismissed.