New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Expert witness credibility

  • 25 Jul 2022

    PETER ALLAN WORK AND ROBYN MARGARET WORK v IAG NEW ZEALAND LIMITED [2022] NZCA 336

    Citation
    [2022] NZCA 336
    Court
    Court of Appeal

    Leave to appeal was declined because the contested issues (expert dishonesty, admissibility/use of will‑say statements, and wasted costs) were interlocutory, required trial‑level determination on fuller evidence and oral testimony, and could not properly be resolved on the record before the Court; accordingly the High Court's refusal to make findings of dishonesty and its costs orders were not suitable for appellate intervention.

    • Leave to appeal
    • Interlocutory orders
    • Will‑say statements
    • Without prejudice/settlement conferences
    • Expert witness credibility
    • Wasted costs

  • 18 Dec 2013

    Y v Accident Compensation Corporation

    Citation
    [2013] NZACC 415
    Court
    District Court

    ACC did not establish that the July 2008 grant of cover was made in error under s65 because the differences between experts were credible and Dr Collier's opinion was not shown to be clearly wrong; on the balance of probabilities the appellant suffered PTSD causally linked to the 16 October 2007 injury; the revocation was unlawful and must be set aside.

    • Revision of decision (s65)
    • Error in decision
    • Causation of mental injury
    • Ptsd diagnosis
    • Expert witness credibility