Equiticorp Industries Group Ltd v Hawkins - [1991] 3 NZLR 700

Practice and procedure — Proceedings — Statement of claim — Amended statement of claim — Protest by one defendant as to jurisdiction — Application by plaintiff to set aside protest — Application by one defendant to be struck out of proceedings — Whether applications should be heard together — Whether applications should be dealt with on basis of original statement of claim or amended statement of claim — High Court Rules, R 219.

Practice and procedure — Service out of jurisdiction — Whether party if in New Zealand could have been joined in proceedings — Whether party a "proper" party — Documents executed by a party outside New Zealand — Whether documents were arguably New Zealand documents — Whether party resident outside New Zealand a "necessary" party — Whether Court's discretion should be exercised against joinder — High Court Rules, RR 131 and 219(b) and (h) — Companies Act 1955, s 226.

Practice and procedure — Protest to jurisdiction — Party insolvent if claim successful — Application for security for costs — Whether application amounted to submission to jurisdiction defeating protest — Whether application a waiver of protest.

Trusts and trustees — Constructive trust — Mental states necessary to establish constructive trust - "Knowing receipt" and "knowing assistance" cases — Whether participation by defendant not a party to transactions could constitute "knowing assistance".