High Court Wellington
2 August; 26 September 1988
Smellie J
2 August; 26 September 1988
Smellie J
Practice and procedure — Protest to jurisdiction — Forum conveniens — Inherent jurisdiction — New Zealand firm commenced proceedings in New Zealand against resident of Singapore for non payment of the purchase price for goods made in New Zealand but supplied in Singapore — Defendant claimed contract was made in Singapore — At the outset defendant disputed the jurisdiction of the New Zealand Court, but later joined in a consent order to dismiss a judgment obtained by the plaintiff by default and filed a statement of defence; defendant then sought a stay of proceedings on the ground that New Zealand was not the appropriate forum — Whether Court has an inherent jurisdiction to grant a stay of proceedings even after defendant has taken steps in the proceedings — Whether an application for a stay of proceedings on the basis that a New Zealand Court is not the forum conveniens is a distinct issue from an application for a stay on the basis that the Court lacks jurisdiction to hear the case — Whether the proceedings should be heard in New Zealand or in Singapore — Discussion on factors to be considered in determining whether a particular country is the appropriate forum.
Practice and procedure — Review of a decision made by a Master in Chambers — Whether time for filing an application for review should be extended — Whether review of Master's decision is by way of a rehearing de novo — Judicature Act 1908, s 26P - High Court Rules, R 61C.
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