Pemberton v Chappell

JurisdictionNew Zealand
Year1987
Date1987
CourtCourt of Appeal
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
942 cases
  • Mark Robert Sandman v Colin Charles McKay, Roger David Cann and David John Clark (as partners of Wilson McKay)
    • New Zealand
    • Supreme Court
    • 16 April 2019
    ...International Ltd at [10]. 125 See CA judgment at [30]; Eng Mee Yong v Letchumanan [1980] AC 331 (PC) at 341; and Pemberton v Chappell [1987] 1 NZLR 1 (CA) at 126 Referred to in the reasons given by Glazebrook J at [8] above. The medical notes provided in Mark Sandman's affidavit indicate t......
  • Leason and Others v the Attorney-General
    • New Zealand
    • Court of Appeal
    • 25 October 2013
    ...is whether the defendant has no defence to the claim; that is, that there is no real question to be tried: Pemberton v Chappell [1987] 1 NZLR 1 (CA) at 3. The Court must be left without any real doubt or uncertainty. The onus is on the plaintiff, but where its evidence is sufficient to show......
  • The Attorney-General v Aj Leason Hc Wn
    • New Zealand
    • High Court
    • 31 August 2011
    ...is whether the defendant has no defence to the claim; that is, that there is no real question to be tried: Pemberton v Chappell [1987] 1 NZLR 1; (1986) 1 PRNZ 183 (CA), at p 3; p 185. The Court must be left without any real doubt or uncertainty. The onus is on the plaintiff, but where its e......
  • Zurich Australian Insurance Ltd T/A Zurich New Zealand v Cognition Education Ltd
    • New Zealand
    • Supreme Court
    • 19 December 2014
    ...(CA)]. 13 Zurich Australian Insurance Ltd t/a Zurich New Zealand v Cognition Education Ltd [2013] NZSC 82. 14 Pemberton v Chappell [1987] 1 NZLR 1 (CA) at 4 per Somers J and at 8 per Hillyer J; Jowada Holdings Ltd v Cullen Investments Ltd CA248/02, 5 June 2003 at [28]–[29]; and Contact Ener......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT