New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Credibility of witness evidence

  • 19 Apr 2013

    Winder v Accident Compensation Corporation

    Citation
    [2013] NZACC 103
    Court
    District Court

    The Court preferred Dr Marshall's contemporaneous, objective medical assessment and the FCE over the later, largely corroborated subjective complaints relied on by the appellant and found the reviewer reasonably concluded the appellant had the physical capacity to undertake suitable employment for 30+ hours per week; accordingly the Care Advantage determination of vocational independence was upheld and the appeal dismissed.

    • Vocational independence
    • Weekly compensation cessation
    • Medical evidence assessment
    • Functional capacity evaluation
    • Credibility of witness evidence

  • 26 Mar 2013

    LUPTON V COMMISSIONER OF INLAND REVENUE COA CA798/2012

    Citation
    COA CA798/2012
    Court
    Court of Appeal

    The application for an extension of time was dismissed because the applicant's delay was extreme and largely unexplained and, critically, the proposed appeal had no real prospect of success given the trial Judge's open and well‑reasoned adverse findings on credibility; accordingly the interests of justice did not justify granting leave.

    • Extension of time
    • Leave to appeal
    • Tax assessment
    • Shortfall penalties
    • Credibility of witness evidence
    • Allegation of perjury

  • 7 Nov 2003

    AMB v Accident Compensation Corporation

    Citation
    [2003] NZACC 279
    Court
    District Court

    On the balance of probabilities the appellant was incapacitated as at about 21 July 1999 due to progression of Hepatitis C; treating medical evidence (interpreted retrospectively), objective test results (abnormal LFTs, later biopsy showing bridging fibrosis) and the appellant's credible testimony together established causation and incapacity, so the Reviewer's dismissal was incorrect and the appeal succeeds.

    • Incapacity assessment
    • Weekly compensation
    • Causation
    • Retrospective medical evidence
    • Credibility of witness evidence