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High Court Wellington
30, 31 May; 1, 2, 3 June; 11, 12, 13, 14, 15, 18, 19, 20 July; 16 August 1955; 5, 6, 7, 8 December 1955; 16 March 1956
McGregor J.
Court of Appeal Wellington
1, 2, 3, 4, 5 April; 15 August 1957
Hutchison J., Turner J., Henry J.
30, 31 May; 1, 2, 3 June; 11, 12, 13, 14, 15, 18, 19, 20 July; 16 August 1955; 5, 6, 7, 8 December 1955; 16 March 1956
McGregor J.
Court of Appeal Wellington
1, 2, 3, 4, 5 April; 15 August 1957
Hutchison J., Turner J., Henry J.
Evidence — Expert Evidence — Architect — Evidence of Architects on Question whether Reasonable and Proper Care and Skill used by Architect — Such Evidence to be directed to Current General Practice of Experienced and Skilful Architects, not to what that Witness Himself would have done
Practice — Appeals to the Court of Appeal — Admission of Fresh Evidence — Leare to admit Affidavits filed After Judgment appealed from — Circumstances in which Leave Given — Court of Appeal Rules 1955, R. 36
Practice — Trial — Surprise — Plaintiff taken by Surprise — Conditions in which Adjournment may be ordered or Calling of Evidence in Rebuttal allowed — Code of Civil Procedure, R. 137
Practice — Judgment — Allegation that Judgment obtained by Perjury — Proper Course to commence Action setting aside Judgment
Practice — New Trial — Material Evidence Discovered since Trial — Conditions necessary for Grant of New Trial — Code of Civil Procedure, R. 276 (e).