22 Dec 2016
HAINES AND NORMAN v HERD & RHUMBA HOLDINGS LTD [2016] NZHC 3193
- Citation
- [2016] NZHC 3193
- Court
- High Court
A court reviewing an Associate Judge's discretionary forum conveniens decision may take into account material changes in circumstance or significant new material not before the first instance court if that material affects the appropriate forum; where a proposed amendment brings the claim within the jurisdiction of the reviewing court it is proper to disturb the first instance decision; the defendants' asserted errors did not meet the test for leave to appeal and the application for leave was dismissed.