11 Sept 2009
GERLING AUSTRALIA INSURANCE COMPANY PTY LTD V LUDGATER HOLDINGS LTD CA CA546/2008
- Citation
- openlaw-f3f2c470_1f59_49de_894b_a19655b272a8.pdf
- Court
- Court of Appeal
Although an in personam tort-based characterization could support service out, the High Court lacked subject-matter jurisdiction because the chose in action represented by the insurance proceeds was situate in Australia; principles of international comity and the rule against ordering relief affecting a foreign chose in action required dismissal of the New Zealand proceedings under s 9.