7 Jun 2012
BELL V LAL HC AK CIV-2011-404-5601
- Citation
- openlaw-9a38bcfc_4ce2_4ddd_aa22_6684ed682c5d.pdf
- Court
- High Court
Leave to serve out was correctly granted: the contract had a real and substantial connection with New Zealand (contract formed in NZ, part performance in NZ, security over NZ land, NZ$ payments), there was a serious issue to be tried, and New Zealand was the appropriate forum (Fiji not clearly more appropriate and has practical obstacles); accordingly the defendants' jurisdictional protests were dismissed and appearances under protest set aside, with directions and timetable for summary judgment and related applications.