18 Jun 2008
WALLBUTTON AND ANOR V THE DISTRICT COURT OF ZELL AM SEE AND ANOR HC WHA CIV 2008-488-213
- Citation
- openlaw-ac55b021_6b4f_4f59_be79_a994cbc38986.pdf
- Court
- High Court
Rule 213 of the High Court Rules applies only to civil or commercial matters and therefore did not authorise service in New Zealand of the Austrian criminal summonses; no New Zealand statute permits service of foreign criminal process in respect of relatively minor offences, so the service was invalid under New Zealand law; nevertheless the determination of ultimate validity for Austrian proceedings rests with the Austrian court; application to set aside service was dismissed and application for leave to serve overseas under r 220 was adjourned.