New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Credibility and contemporaneous documents

Legal area

Court

8 Sept 2020

DAVIDSON v BOWATER [2020] NZHC 2324

Citation

[2020] NZHC 2324
Court

High Court

Contemporary records (meeting minutes and emails) and the parties' repeated acknowledgements of owing the money established that the appellants had no reasonably arguable defence that the loans were to HTE Holdings Ltd or the Halloran Family Trust; exclusion or admission of late affidavits would not have altered that conclusion; appeal dismissed and summary judgment in favour of respondent affirmed.
30 Jun 2015

BERGMAN v BERGMAN [2015] NZCA 278

Citation

[2015] NZCA 278
Court

Court of Appeal

The appellant failed to prove on the balance of probabilities that the debt had not been repaid; the trial judge's credibility findings and reliance on contemporaneous documents, acknowledgements and accounting entries were justified, so declaratory relief was rightly declined and the appeal dismissed.