High Court Wellington
2 June; 1 July 1949
Sir Humphrey O'Leary CJ
2 June; 1 July 1949
Sir Humphrey O'Leary CJ
Contract — Breach — Contract f.o.b. Melbourne — Goods received in Wellington not according to Sample — Breach in Melbourne.
Contract — Performance — Buying Agents in Melbourne purchasing Goods there for New Zealand Principal — Delivery made f.o.b. Melbourne — Contract wholly made and performed in Melbourne.
Practice — Service out of the Jurisdiction — No Contract created between Parties in Australia or New Zealand — Words and Conduct of Parties considered — Third Party's Agency in Melbourne on behalf of Plaintiff established — No Order for Service — Code of Civil Procedure, R 48.
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