11 Nov 2014
LINWOOD FOOD BAR LIMITED v DAVISON AND ORS [2014] NZHC 2796
- Citation
- [2014] NZHC 2796
- Court
- High Court
The Court exercised its discretion under s138(8) and r20.16 to partially admit updating evidence and to exclude written affidavits that lacked cogency or were hearsay, permitting selected witnesses to give oral evidence of recent incidents and be cross-examined; specifically Davison's written affidavit, Joy's affidavit and Herewini's affidavit were not admitted and to be withdrawn, but Davison may give oral evidence about incidents of 20 and 30 August 2014, Joy may give evidence about the 25 August 2014 incident, and Christensen's affidavit was admitted and subject to cross-examination.