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Johnson v Johnson - [2017] 3 NZLR 435

$30.00

Court of Appeal Wellington
CA243/2016; [2017] NZCA 147
23 March; 28 April 2017
Kós P, Miller and Brown JJ
Conflict of laws — Relationship property — Jurisdiction — Relationship property assets based in United States — Husband obtained relationship property judgment from United States Circuit Court — Was the High Court without jurisdiction to divide the property — Forum non conveniens — Whether New Zealand court forum non conveniens — Whether husband acquiesced to New Zealand jurisdiction.
Equity — Estoppel — Whether wife estopped from pursing relationship property proceedings in New Zealand — Whether foreign judgment procured by fraud — Fraud as defence to enforcement of foreign judgment — Whether foreign judgment should be denied because obtained by fraud — Whether standard of recklessness or intentional dishonesty required — Whether conscious and deliberate dishonesty going to the heart of the impugned judgment — Whether foreign judgment properly classed as final decision on its merits or disregarded by estoppel as merely a default judgment.

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