New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Leave to admit evidence

Legal area

Court

19 Jul 2022

LOGAN v PAUL [2022] NZHC 1729

Citation

[2022] NZHC 1729
Court

High Court

Leave was granted because the proposed KC affidavit was post-judgment (therefore fresh), relevant to the statutory inquiry into the likelihood of future family violence (including psychological abuse), cogent in context of previous communications, and sufficiently credible (independent third party supported by screenshot) to satisfy the special-reasons test in r20.16(3).
1 Nov 2006

CHRISTINE ELIZABETH BARBER V SUZANNE LYNNE COTTLE AND ORS HC PMN CIV: 2004-454-756

Citation

openlaw-85c28e3c_eca7_4599_b0c8_5d4a08ddd1c9.pdf
Court

High Court

Leave to call the late valuation evidence was granted because the Judge was not satisfied that defendants would suffer sufficient prejudice given an opportunity existed to contact experts, the limited nature of the brief (no new matters to be introduced), and absence of materially relevant undisclosed documents; the amendment adding a new cause of action was permitted only on the express basis that damages pleaded are equitable to avoid the effect of r 187(3).