[2016] NZEmpC 95 Pretorius v Marra Construction (2004) Ltd [pdf, 270 KB]
...proceeds on the basis that assertions contained in the statement of claim are true, 7 perhaps supplemented by additional evidence where necessary, for instance about dates as to when events occurred where these are not referred to expressly in the pleadings. 8 [10] In the present case, however, the parties called oral evidence and invited the Court to make factual findings on the basis of that evidence only. Neither party relied on their pleadings when presenting submissions as t...