27 Apr 2016
NZX LTD v RALEC COMMODITIES PTY LTD [2016] NZHC 799
- Citation
- [2016] NZHC 799
- Court
- High Court
The court held that notwithstanding absence of an express modern rule, leave is required to adduce oral evidence from subpoenaed witnesses who have not served written briefs to prevent trial by ambush and to accord with the High Court Rules and Evidence Act; the applicant must show it exhausted reasonable attempts to obtain briefs and that the proposed evidence is necessary and admissible under ss 7 and 8 of the Evidence Act. Applying these criteria the court granted leave in respect of a number of witnesses (with limitations), refused leave in respect of others where attempts were inadequate…