New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Governing law

Legal area

Court

26 Feb 2016

TRANSDIESEL LIMITED v MTU AMERICA LIMITED [2016] NZHC 280

Citation

[2016] NZHC 280
Court

High Court

On the material before the Court TransDiesel demonstrated a reasonably arguable equitable set-off against the respondents: documentary linkage via the head distributor agreement (which reached affiliated companies), an unchallenged damages calculation showing a claim of the order alleged, and unexplained respondent silence made the set-off reasonably arguable; accordingly under s290(4)(b) the statutory demands (excluding post-invoice interest) were set aside. The Court did not decide the arbitrationstay issue because s290(4)(b) sufficed to dispose of the application.
5 Dec 2013

Kiwi Air Limited v UTS Geophysics Pty Limited [2013] NZHC 3236

Citation

[2013] NZHC 3236
Court

High Court

Kiwi Air established the threshold requirements but failed to show New Zealand was the appropriate forum; factors including the parties' choice of Australian governing law, UTS's lack of connection to New Zealand, the desirability that Australian law issues be determined in Australia, and general caution about subjecting foreign defendants to local jurisdiction meant the dispute should be tried in Australia; accordingly the application to set aside the appearance was dismissed and the proceeding stayed.