17 Nov 2011
CHEVALIER WHOLESALE PRODUCE LIMITED V JOES FARM PRODUCE LIMITED HC AK CIV-2010-404-4229
- Citation
- openlaw-d89f9988_8c07_4f3f_8719_19369097becf.pdf
- Court
- High Court
The court held that the plaintiff established a good arguable case under r6.27 because the second defendant's personal guarantee was formed in New Zealand on receipt of the signed fax and parts of performance (payment, interest and enforcement obligations) were to occur in New Zealand; the unperformed obligations and contractual terms pointed to New Zealand law as the proper law. There was a serious issue to be tried and, on balance, New Zealand was the more appropriate forum given governing law, convenience of applying NZ law to interest and costs claims, the existing proceeding's efficiency…