EXPORTRADE CORPORATION, OF 1355 W. PALMETTO PARK ROAD #269, BOCA RATON, FL 33486, USA, A CORPORATION UNDER AMERICAN LAW V IRIE BLUE NEW ZEALAND LIMITED AND ORS HC AK CIV 2008-404-007130

EXPORTRADE CORPORATION, OF 1355 W. PALMETTO PARK ROAD #269, BOCA RATON, FL 33486, USA, A CORPORATION UNDER AMERICAN LAW V IRIE BLUE NEW ZEALAND LIMITED AND ORS HC AK CIV 2008-404-007130

On the material before the Court there was a good arguable case that service of the New Zealand proceedings was properly effected and insufficient basis existed to hold the Florida judgment a nullity at this interlocutory stage; accordingly the defendants' jurisdictional protests were dismissed and the matters of...

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Citation
openlaw-dbb2ee3a_820b_44a0_8a03_d4cff27bbaf9.pdf
Parties
Plaintiff: Exportrade Corporation; First Defendant: Irie Blue New Zealand Limited; Second Defendant: Edith Shelly Rozanne Gribble aka Rozanne Gribble; Third Defendant: Scott Geoffrey Gribble aka Scott Gribble
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 April 2010
Procedural Posture
Enforcement of Foreign Judgment / Hearing on Application to Set Aside Protests to Jurisdiction (jurisdictional Protest Hearing)
Outcome
Applications to dismiss the protests granted; protests to jurisdiction dismissed.
Legal Topics
Service of Process, Recognition and Enforcement of Foreign Judgments, Jurisdiction, Substituted Service, Domicile and Residence, Costs
Conflict of Laws Civil Procedure Judgments and Enforcement Service of Process Recognition and Enforcement of Foreign Judgments Jurisdiction Substituted Service Domicile and Residence +1 more

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Parties

Exportrade Corporation

Plaintiff

Irie Blue New Zealand Limited

First Defendant

Edith Shelly Rozanne Gribble aka Rozanne Gribble

Second Defendant

Scott Geoffrey Gribble aka Scott Gribble

Third Defendant

Procedural Posture

Enforcement of Foreign Judgment / Hearing on Application to Set Aside Protests to Jurisdiction (jurisdictional Protest Hearing)

Legal Issues

  1. 1 Whether the Florida default judgment is enforceable in New Zealand
  2. 2 Whether the Florida court had personal jurisdiction over each defendant
  3. 3 Whether service of the Florida proceedings and of the New Zealand proceedings was lawful and afforded natural justice

Ratio Decidendi

On the material before the Court there was a good arguable case that service of the New Zealand proceedings was properly effected and insufficient basis existed to hold the Florida judgment a nullity at this interlocutory stage; accordingly the defendants' jurisdictional protests were dismissed and the matters of jurisdiction and enforceability of the Florida judgment must be resolved later on the merits.

Court Disposition

Applications to dismiss the protests granted; protests to jurisdiction dismissed.

Orders

  • Protests to jurisdiction are dismissed.
  • Costs awarded to plaintiff on a standard basis (2B) calculated as if there were one defendant.