New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Hearsay rule

Legal area

Court

24 Sept 2020

BRAUNINGER v WESTEND [2020] NZHC 2512

Citation

[2020] NZHC 2512
Court

High Court

The appellants failed to discharge the burden of proving a breach of the confidentiality clause because their primary evidential basis was inadmissible hearsay and the remaining admissible evidence was weak; the application to adduce further evidence on appeal was refused as not fresh and not meeting the exceptional-grounds test; accordingly the appeal is dismissed and the District Court judgment for the respondents is upheld.
27 May 2016

Herron v Wallace [2016] NZHC 1127

Citation

[2016] NZHC 1127
Court

High Court

The court found the 19 November 2015 direction granted leave to the defendants to file additional evidence in relation to the oppression defence so no fresh s98 application was required for the brief; contested statements were admissible where offered to demonstrate Wallace's perception, state of mind or motivation rather than to prove the truth of asserted out-of-court facts (thereby not constituting hearsay or inadmissible opinion), save for the final sentences of paragraph 37 which were excluded as impermissible opinion; exhibits produced during examination in chief (provisionally 12–27) w…