New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Business records hearsay

Legal area

Court

20 Sept 2018

MAINZEAL & ORS v YAN & ORS [2018] NZHC 2470

Citation

[2018] NZHC 2470
Court

High Court

Liquidator may give factual and opinion evidence and may qualify as an expert; the existence and terms of the litigation funding agreement did not render Mr Bethell's evidence inadmissible; however the form of his briefs failed to meet expert evidence discipline and contained advocacy; the Court will receive the evidence de bene esse and make rulings on admissibility and substantial helpfulness at or after judgment once facts are fully presented.
18 Jul 2016

DEMISSIE TEFERA ASGEDOM V R [2016] NZCA 334

Citation

(2016) 28 CRNZ 70
Court

Court of Appeal

Search warrants were valid and, even if cellphone data seizure raised issues, exclusion under s30 was not proportionate; the Excel spreadsheet was admissible as a voluminous summary and as business records under ss16 and 19 given admissible foundation evidence about how computer systems and fraud detection operated and undue expense in calling overseas cardholders; communications were admissible under the co-conspirator rule; Judge's findings of dishonesty and membership of conspiracy were open on the overwhelming circumstantial and direct evidence; stay and procedural challenges failed; sent…