New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Exclusion of expert evidence
  • 19 Mar 2019

    LODGE REAL ESTATE LIMITED v COMMERCE COMMISSION [2019] NZSC 28

    Citation
    [2019] NZSC 28
    Court
    Supreme Court

    The Supreme Court granted an extension of time and leave limited to the question whether the Court of Appeal should have allowed the respondent's appeal, but dismissed the applicants' proposed grounds challenging the adequacy of the pleading and the exclusion of expert evidence because those issues were case‑specific, not of general or public importance, and did not raise a sufficient risk of miscarriage of justice; further, both lower courts correctly concluded the expert evidence would undermine the protections of s 30 and was not substantially helpful under s 25(1) Evidence Act 2006.