New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Materiality of non‑disclosure

Legal area

Court

10 Nov 2021

GREEN WAY LIMITED v MUTUAL CONSTRUCTION LIMITED [2021] NZHC 3029

Citation

[2021] NZHC 3029
Court

High Court

Leave to appeal was declined because, although arguable errors were identified, the appeal was of only marginal significance to Green Way: the search yield had been secured and preserved with an independent solicitor and IT expert, discovery is being conducted under solicitors' obligations and court supervision, and the cost and likely delay of an appeal were not justified; accordingly leave under s56(3) was refused and costs awarded to the defendants.
14 Nov 2014

SIDHU v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2014] NZHC 2841

Citation

[2014] NZAR 1371
Court

High Court

Under the statutory duty to disclose, omitted information is material if its nondisclosure deprived INZ of the opportunity to undertake a full assessment or would likely have led to further enquiries; the Tribunal had sufficient evidence to infer intentional withholding; therefore refusal of residence and denial of character waiver were lawful and appeal dismissed.