Court of Appeal Wellington
1 May; 17 December 1987
Cooke P, Somers and Bisson JJ
1 May; 17 December 1987
Cooke P, Somers and Bisson JJ
Insurance — Forum conveniens — Insured, domiciled in New Zealand, claimed under contracts of insurance made with a New Zealand company and 10 overseas underwriters in respect of losses arising in Hong Kong and Singapore — Whether the New Zealand Court had jurisdiction — Whether the English Court or the New Zealand Court was the appropriate forum in which to determine the issues on the claims.
Practice and procedure — Jurisdiction — Insurance — Insured, domiciled in New Zealand, claimed under contracts of insurance with a New Zealand company and 10 overseas underwriters — Overseas defendants were served pursuant to R 219 of the High Court Rules — Insured later tried to pursue a ground of which notice had not been given under R 221 - Whether power to allow additional ground — Whether contract wholly or in part performed in New Zealand — Whether overseas underwriters were proper parties to the proceedings — High Court Rules, RR 219 and 221.
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