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Longbeach Holdings Ltd v Bhanabhai & Co Ltd - [1994] 2 NZLR 28

$30.00

Court of Appeal Wellington
28, 29 October; 6 December 1993
Cooke P, Casey and Hardie Boys JJ
Contract — Sale of goods — Jurisdiction — Contract to purchase garments made in Fiji — Purchaser supplied material and provided letter of credit for each order — Whether each supply a separate contract — Whether arrangement a continuous contract — Material later supplied by vendor — Purchaser committing itself to continuous supply — Whether new arrangement constituted a new contract made in New Zealand or whether arrangement merely an extension of previous continuous arrangement made in Fji — Whether arguable case that Court had jurisdiction to determine issue.
Practice and procedure — Protest to jurisdiction — Whether contract made or entered into in New Zealand — Whether any act or omission for or in respect of which damages are claimed was done or occurred in New Zealand — High Court Rules, RR 219(a) and 219(b)(i).
Practice and procedure — Protest to jurisdiction — Forum conveniens — Onus of proof as to forum conveniens — Considerations to be borne in mind when determining forum conveniens.

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