23 Sept 2011
ELMAR HERTZOG UND PARTNER MANAGEMENT CONSULTANTS GMBH V JURGEN PERLICH HC WHA CIV-2011-488-185
- Citation
- openlaw-e7d8f872_cef6_423c_9804_44699cd2d97e.pdf
- Court
- High Court
Summary judgment was dismissed because the plaintiff failed to show there was no arguable defence on jurisdictional recognition grounds: the contract nominated Hamburg courts exclusively and did not amount to submission to the Darmstadt court or to courts in Hesse, there was insufficient evidence that the Hamburg proceeding continued as the Darmstadt proceeding, and under New Zealand recognition rules the plaintiff did not establish that the Darmstadt court had jurisdiction for New Zealand enforcement purposes.