Pemberton v Chappell

JurisdictionNew Zealand
Year1987
Date1987
CourtCourt of Appeal
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796 cases
  • Leason and Others v the Attorney-General
    • New Zealand
    • Court of Appeal
    • 25 Octubre 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 Agosto 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......
  • Mark Robert Sandman v Colin Charles McKay, Roger David Cann and David John Clark (as partners of Wilson McKay)
    • New Zealand
    • Supreme Court
    • 16 Abril 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......
  • P v Bridgecorp Ltd ((in Receivership) and (in Liquidation))
    • New Zealand
    • Supreme Court
    • 19 Diciembre 2013
    ...updated to 12 November 2004) at [HR471.03(1)]. 51 See above at [15]. 52 See above at [12] and [15]. 53 See Pemberton v Chappell [1987] 1 NZLR 1 (CA) at 54 G v Bridgecorp Ltd HC Auckland CIV-2008-404-8217, 15 February 2010. 55 Bridgecorp Ltd v P, above n 1, at [94]; see also P v Bridgecorp L......
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