New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Witness briefs

  • 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…

  • 12 Jun 2007

    A V C HC AK CIV 2005-404-3123

    Citation
    openlaw-e1681b6d_60dc_4c85_8a64_ad0efe299bfa.pdf
    Court
    High Court

    Adjournment was refused because the pending criminal prosecution was unlikely to impede the applicant's ability to place relevant evidence before the Court, the applicant's health grounds were raised late and unconvincingly, and the respondent's interest in finality and his health, together with delay attributable to the applicant, outweighed any prejudice; costs were awarded to the respondent on a 2B basis and an unless order was made requiring payment of outstanding costs of $4,930 by 22 June 2007 or the applicant would be debarred from appearing at the scheduled hearing.