Huang v Huang - [2024] 2 NZLR 376

Conflict of laws — Service outside New Zealand — Protest to jurisdiction — Terms and conditions — Power where no jurisdiction — Invalid service could be rectified — Consider whether court would assume jurisdiction if valid service — High Court Rules rr 5.49 and 6.29.

Conflict of laws — Protest to jurisdiction — Good arguable case for service out of New Zealand — Serious issue to be tried on the merits — People’s Republic of China more appropriate forum — Key issue on whose behalf in Heli group investment made for — Events in China — Witness spoke Mandarin — Chinese family and business culture relevant — Applicable law People’s Republic of China — Question of contract rather than property — No injustice that law could recognise the relationship even though could not recognise express trust not in writing — No circumstances supporting New Zealand jurisdiction override factors in support of People’s Republic of China jurisdiction.

Freezing orders — Require substantive proceeding — Outside New Zealand — Once proceeding dismissed nothing for freezing order to support — No evidence of risk of dissipation.