27 Feb 2012
875 FRANKTON ROAD LIMITED V BROOKES HC INV CIV-2011-425-000040
- Citation
- openlaw-64b4aeed_a4ac_4a0b_94bc_94cbe56d6bb2.pdf
- Court
- High Court
The plaintiff failed to prove New Zealand is the appropriate forum under r6.28(5)(c); material factors (where business was transacted in London, location and compellability of independent witnesses in England, the applicability and technical nature of the FSM Act 2000, and the parties' residences) preponderantly pointed to England as the forum with the most real and substantial connection, therefore the proceeding is dismissed for forum non conveniens.