New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Adjournment pending foreign appeal
  • 9 Dec 2009

    WILFRED ROYCE LANE V QUESTNET LTD CA CA344/2008

    Citation
    openlaw-0402a089_4c69_4f46_bab7_06efb76946eb.pdf
    Court
    Court of Appeal

    The Court held that s 6(1)(c) was satisfied by notice of the Hong Kong proceedings as a whole and the appellant had actual notice of the hearing; enforcement of the Hong Kong default judgment did not offend New Zealand public policy under s 6(1)(e); and the s 7(1) discretion to adjourn should not be exercised given lack of obvious appeal merit, prior consideration by Hong Kong courts and delays — accordingly the appeal is dismissed and registration of the Hong Kong judgment stands.

    • Service of process
    • Default judgment
    • Reciprocity
    • Adjournment pending foreign appeal
    • Reciprocal enforcement of judgments act 1934
    • Natural justice