Kuwait Asia Bank EC v National Mutual Life Nominees Ltd (No 2) - [1989] 2 NZLR 50

Practice and procedure — Jurisdiction — Foreign company served out of jurisdiction — Test of Jurisdiction for service overseas — Plaintiff sued six defendants, five of whom were served in New Zealand and the sixth of whom was served without leave overseas — Whether a foreigner resident abroad was properly subjected to the jurisdiction of the New Zealand Courts when proceedings arose out of business activities undertaken by the foreigner in New Zealand — Whether plaintiff must show he has a good arguable case against the foreigner — Whether Court was entitled to assume jurisdiction — High Court Rules, RR 131 and 219. — Sixth defendant unsuccessfully applied to the High Court to have proceeding against him dismissed on the ground that the Court had no jurisdiction (see [1989] 2 NZLR 43 ) - Sixth defendant appealed