21 Mar 2006
BIRKENFELD V KENDALL AND ANOR HC WN CIV-2004-485-1657
- Citation
- openlaw-3e6627cd_7264_4319_bfcf_a3cb033f16d0.pdf
- Court
- High Court
R769 permits admiralty proceedings to be commenced from any registry and thus the Wellington commencement was valid; balancing convenience against potential prejudice to the plaintiff (including her PTSD and genuine fear of harassment) and absence of prejudice to defendants, the Court refused transfer to Auckland under R479; the plaintiff's request for a pre-emptive declaration excluding awards of lawyers' fees was declined because the Court will not fetter the trial judge's future costs discretion; however, on balance and having regard to the plaintiff's non-residence and disability the defe…