New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Factual findings vs error of law

Legal area

Court

19 Feb 2016

D'ARCY-SMITH v NATURAL HABITATS LIMITED [2016] NZCA 20

Citation

[2016] NZCA 20
Court

Court of Appeal

Judge Inglis made supported factual findings that the relationship was labour-only contract work and not employment; the single minor factual inaccuracy identified did not amount to an error of law; the applicant's challenge was essentially to factual findings and did not meet the s214 threshold, so leave to appeal is refused.
12 Jul 2000

Gallagher v Accident Compensation Corporation

Citation

[2000] NZACC 170
Court

District Court

Both decisions were based on factual findings supported by the available evidence; no question of law arose under s97(1); the appellant failed to produce medical evidence to overturn the factual findings and did not raise the assessor issue at the hearing, therefore leave to appeal to the High Court is not available and is declined.