New Zealand Case Law: Decisions & Judgments

Topic

Proof on balance of probabilities

Legal area

Court

16 Mar 2018

Sherlock v Accident Compensation Corporation (Entitlement to Surgery)

Citation

[2018] NZACC 50
Court

District Court

On the balance of probabilities the Judge found the weight of evidence supported that the need for left rotator cuff surgery was causally linked to the covered 16 June 2016 assault despite evidence of pre-existing tendon tears; the Court rejected that temporal association alone established causation and gave weight to imaging and expert interpretation indicating new structural damage attributable to the 2016 event, therefore ACC's decline was set aside.
23 Feb 2015

McKAY v JOHNSON [2015] NZHC 242

Citation

[2015] NZHC 242
Court

High Court

The Court was satisfied on the balance of probabilities that the 1995 debenture existed and created priority in favour of Westpac (successor to Trust Bank) over HB Garments based on the contemporaneous guarantees and registration, and accordingly granted the substantive orders sought (paras (a)–(d)), leaving an enquiry as to repayment of funds and costs.
15 Mar 2011

G J LUPTON V THE COMMISSIONER OF INLAND REVENUE DEPARTMENT HC WN CIV 2008-485-2460

Citation

openlaw-2d02912d_5aad_43d6_b415_4623366da7d2.pdf
Court

High Court

The Court found on the balance of probabilities that, except for the AUD$215,000 received via Honshu Pty, the deposits and transfers through Scorelink, Customer Direct, GT Agents/Clydesdale, GT Investments/Global and payments to the plaintiff's personal account were derived by the plaintiff and constituted assessable income; the plaintiff's evidence was largely not credible or reliable; the AUD$215,000 was a capital repayment/proceeds and not taxable; because the plaintiff took deliberate steps to conceal income via corporate/trust structures the evasion shortfall penalty under s141E is impos…
22 Feb 2001

Holt v Accident Compensation Corporation

Citation

[2001] NZACC 28
Court

District Court

Because the appellant continued working after the accident and performed his pre-accident duties, the court found he was not incapacitated for the relevant period; Dr Herd's ARC18 was unreliable (no objective signs and relied on self-report) and Dr Cook's subsequent certifications indicated fitness; absent contemporaneous objective medical evidence of incapacity as at 2 September 1997 the appellant failed to prove entitlement to weekly compensation, so the respondent's decline was correct.

New Zealand Case Law

Sherlock v Accident Compensation Corporation (Entitlement to Surgery)

McKAY v JOHNSON [2015] NZHC 242

G J LUPTON V THE COMMISSIONER OF INLAND REVENUE DEPARTMENT HC WN CIV 2008-485-2460

Holt v Accident Compensation Corporation