New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Expert witness liability

Legal area

Court

19 Dec 2016

EBR HOLDINGS LIMITED (IN LIQUIDATION) v MCLAREN GUISE ASSOCIATES LIMITED [2016] NZCA 622

Citation

(2016) 23 PRNZ 393
Court

Court of Appeal

The Court allowed the appeal and set aside the strike out because the law in New Zealand on expert witness immunity is unsettled, the availability and scope of any immunity (including the friendly/adverse expert distinction) requires full factual investigation, and it is inappropriate to resolve these novel and fact-sensitive issues on strike out; accordingly the first and third causes of action must proceed to trial.
30 Mar 2015

EBR HOLDINGS LIMITED (IN LIQUIDATION) v MCLAREN GUISE ASSOCIATES LIMITED AND N D HARRISON [2015] NZHC 607

Citation

[2015] NZHC 607
Court

High Court

The strike out application was dismissed because witness immunity could not be conclusively determined on the affidavits before the court; the applicability and scope of immunity (including the effect of Jones v Kaney) raised factual and legal issues requiring a full evidential inquiry at trial rather than resolution on strike out; immunity is not unlimited and may not apply to all pre‑ and post‑affidavit conduct pleaded.