26 Feb 2009
MK V THE CHIEF EXECUTIVE OF THE DEPARTMENT OF LABOUR OF WELLINGTON AND ANOR HC AK CIV-2008-404-008143
- Citation
- openlaw-6629cad1_0279_4a4b_9e99_e453fd369cbc.pdf
- Court
- High Court
The third cause of action alleging unfairness arising from the Minister's 'limbo' letter requires evaluation of the plaintiff's detention and residence in Auckland, which is an essential and material fact of the claim; accordingly a material part of the cause of action arose in Auckland, the proceeding was properly filed there, and no convenience, public interest or cost factor justified transferring the proceeding to Wellington under r5.1(5) or s10(2)(g).