New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Standard of proof in civil cases
  • 30 Aug 2011

    P R DEVCICH & ORS AS TRUSTEES OF THE PAUL DEVCICH FAMILY TRUST AND J J DEVCICH & ORS AS TRUSTEES OF THE JANICE DEVCICH FAMILY TRUST v AMI INSURANCE LIMITED SC 78/2011

    Citation
    SC 78/2011
    Court
    Supreme Court

    Leave to appeal was refused because the proposed appeal raised no question of general or public importance, the Court of Appeal applied settled principles appropriately and there was no convincing demonstration of a substantial miscarriage of justice that would justify further appellate review.

    • Insurer denial of claim
    • Standard of proof in civil cases
    • Inferential reasoning
    • Leave to appeal criteria
  • 13 Aug 2009

    HICKFORD (DECEASED) HC NAP CIV-2009-441-000369

    Citation
    openlaw-d4bcf164_30e4_486a_a166_004ee94f52fb.pdf
    Court
    High Court

    On the balance of probabilities, supported by cogent evidence from the solicitor's draft and the deceased's partner and daughter, the Court was satisfied the deceased believed the draft constituted his will and that the document therefore expressed his testamentary intentions; accordingly the Court could declare the unsigned draft valid under s14 Wills Act 2007.

    • Statutory validation of informal wills
    • Testamentary intentions
    • Without-notice proceedings
    • Standard of proof in civil cases