Johnson v Johnson - [2016] 3 NZLR 227

Practice and procedure — Issue estoppel — Whether issue estoppel arose — Whether foreign judgment “on the merits” — Whether judgment made on procedural grounds without discussion of or findings of fact or law — Whether foreign judgment obtained by fraud — Whether misleading statements made about New Zealand proceedings — Whether defendant knew statements were inaccurate — Whether fraud threshold for issue estoppel had been crossed — “On the merits”.

Conflict of laws — Foreign judgment — Recognition of Relationship judgment — Whether fraud around for not recognising judgment — Nature of fraud — High standard required — Whether defendant knew statements were inaccurate — Similarity to s 6(d) of Reciprocal Enforcement of Judgments Act 1935 — Reciprocal Enforcement of Judgments Act 1935, s 6(d).