Court of Appeal Wellington
26 November 1987
Cooke P, McMullin and Somers JJ
26 November 1987
Cooke P, McMullin and Somers JJ
Practice and procedure — Protest to jurisdiction — Forum conveniens — Unincorporated firm in New Zealand represented an overseas holiday resort operator — New Zealand resident booked an overseas holiday with that firm — Having allegedly contracted food poisoning on holiday, resident sued the firm in New Zealand for breach of contract — Firm protested jurisdiction — Whether overseas resort operator could be sued in New Zealand in the name of the unincorporated firm — Whether the proper law of the contract was New Zealand law — Whether the New Zealand Court was the appropriate forum in which to hear the case — High Court Rules, R 80.
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