High Court Wellington
11 May; 15 June 1994
Eichelbaum CJ
11 May; 15 June 1994
Eichelbaum CJ
Practice and procedure — Protest to jurisdiction — Overseas defendant protesting jurisdiction of New Zealand Courts — Matters to be taken into account upon application for stay or dismissal — Whether good arguable case — Forum non conveniens — Whether requirement of good arguable case is a separate requirement or simply one factor to be taken into account in exercising discretion — Onus of proof — Position when overseas claim is statute-barred — High Court Rules, R 131.
Practice and procedure — Service out of jurisdiction — When service can be effected without leave — What constitutes an "act or omission for or in respect of which damages are claimed" - High Court Rules, R 219(a).
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