New Zealand Case Law: Decisions & Judgments

Topic

Evidence and burden of proof

Legal area

Court

25 Jan 2022

PUBLIC TRUST v PARKINSON & ORS [2022] NZHC 38

Citation

[2022] NZHC 38
Court

High Court

On the balance of probabilities the 2019 draft did not reliably reflect Mr Dunn's testamentary intentions because material monetary instructions had changed without clear evidence of final instruction, the draft contained gaps and outstanding queries, and there was an extended period of delay and lack of engagement indicating potential further change; accordingly the Court refused validation of the 2019 draft and granted probate of the last valid signed will dated 16 October 2014.
29 Aug 2014

Setter v Accident Compensation Corporation

Citation

[2014] NZACC 199
Court

District Court

The appellant failed to prove on the balance of probabilities that the meniscal tear was caused by the 15 July 2011 accident; medical evidence and imaging showed pre-existing chondrocalcinosis and degenerative joint change as the major contributor to the need for surgery, so ACC cover is not payable.
3 Mar 2014

Estate of RA Howie [2014] NZHC 346

Citation

[2014] NZHC 346
Court

High Court

The court found on the evidence that the deceased did not have testamentary capacity on 14 June 2011 and therefore the will of that date is invalid; there was no doubt about testamentary capacity when the 14 April 2008 will was executed, and probate in solemn form was granted for the 2008 will to the named executors.
23 Jan 2008

Casey v Accident Compensation Corporation

Citation

[2008] NZACC 12
Court

District Court

The District Court found the appellant to be a credible earner at the date of the accident based on the appellant's and his mother's evidence and corroboration by the foreman despite employer noncompliance and incomplete records; accordingly the review and ACC decisions denying entitlement were set aside and the appellant is entitled to relief as an earner.
2 Jun 2006

HOLDGATE V BLOCCASSA LIMITED AND ANOR HC AK CIV 2005-404-2693

Citation

openlaw-da352392_21c0_4d54_ae79_41b0b41933f9.pdf
Court

High Court

Applicant failed to discharge the burden of proving, by reliable and particularised evidence, that he was solvent and could immediately meet his debts; Official Assignee's verified report showed significant liabilities and insufficient liquid assets, and coupled with the applicant's non-cooperation the court concluded the adjudication ought not to be annulled and declined to exercise its discretion to annul under s119(1)(a).
31 Jan 1997

Cadwallader v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 12
Court

District Court

On the evidence the appellant failed to prove on the balance of probabilities that a claim was lodged and received by the Corporation before 1 October 1992; absent proof of posting/receipt the lodgement requirement was not met and the appeal must be dismissed.

New Zealand Case Law

PUBLIC TRUST v PARKINSON & ORS [2022] NZHC 38

Setter v Accident Compensation Corporation

Estate of RA Howie [2014] NZHC 346

Casey v Accident Compensation Corporation

HOLDGATE V BLOCCASSA LIMITED AND ANOR HC AK CIV 2005-404-2693

Cadwallader v Accident Rehabilitation and Compensation Insurance Corporation