New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Taking of evidence abroad

Legal area

Court

28 Mar 2017

VENKATASWAMY v KODOOR And Anor [2017] NZHC 554

Citation

[2017] NZHC 554
Court

High Court

Defendants failed to demonstrate that India is clearly a more appropriate forum; alternative means exist to obtain Indian evidence and documents (video link, letters of request, discovery from parties), and there are real concerns that the Indian police investigation process may not secure substantial justice for the parties; accordingly the stay application is dismissed.
18 Nov 2010

EARL RAYMOND HAGAMAN V BARBARA JEAN FAIRBANK CA682/2010

Citation

openlaw-b7dc278a_7e40_4b08_be00_ae6cc8d9b0f3.pdf
Court

Court of Appeal

The Court held the High Court orders did not breach s185(3) because the depositions were intended to elicit evidence for use at trial (not a mere investigatory exercise), issues of privilege and trustee compellability can be addressed during the deposition process or by the High Court, and discretionary factors (delay, oppression) did not require refusal; therefore the appeal was dismissed.