23 Apr 2010
PARIHOA FARMS LTD V RODNEY DISTRICT COUNCIL HC AK CIV-2009-404-000537
- Citation
- openlaw-2088aed7_ee84_40ac_a061_104736c0333c.pdf
- Court
- High Court
Court allowed partial exclusion of the defendant's affidavit evidence: paragraphs 9 and 30–54 and parts of 22 and 23 were excised as inadmissible; established in principle that evidence proving admitted facts is inadmissible and reserved leave to apply about specific paragraphs alleged to be excess; recognised affidavit was in wrong form and required conversion to a written brief; declined to preclude in principle the use of extrinsic evidence to interpret a registered instrument given developing authority, so refused to strike out all remaining contested evidence on relevance at the pre‑tria…