New Zealand Case Law

11 Dec 2018

O’NEILL v THE DISPUTES TRIBUNAL [2018] NZHC 3259

Citation

[2018] NZHC 3259

Court

High Court

The application is dismissed because the proper scope of judicial review is procedural only; the Disputes Tribunal did not require proof of existence but reasonably found, on the balance of probabilities, insufficient evidence that items were not returned or were damaged by respondents, and the District Court correctly found no procedural unfairness.

• Disputes tribunal appeals
• Procedural fairness
• Credibility findings
• Standard of proof (balance of probabilities)
• Effect of superior court framing of issues