New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Application of foreign law

Legal area

Court

22 Sept 2020

GLENN WILLIAM SCHAEFFER v JAMES JOSEPH MURREN [2020] NZSC 98

Citation

[2020] NZSC 98
Court

Supreme Court

Leave to appeal dismissed because the proposed ground that the High Court was required to apply Nevada law despite no pleading or proof of foreign law lacked merit under established conflict-of-laws principles that require pleading and proof of foreign law and default to domestic law; the other grounds were fact-specific and would not alter the outcome given the negligent misstatement finding would remain.
19 Aug 2019

R v O’CARROLL [2019] NZHC 2035

Citation

[2019] NZHC 2035
Court

High Court

Section 155(4) of the Cook Islands Act 1915 requires that punishment imposed by the High Court for offences committed in the Cook Islands be the punishment provided by Cook Islands law; because Cook Islands law does not provide for home detention the High Court of New Zealand lacked jurisdiction to impose home detention in this case; applying Cook Islands sentencing principles and precedents the appropriate starting point was three years' imprisonment, reduced by 11 months for guilty plea and 3 months for remorse/reparation to a final sentence of 22 months' imprisonment, with $1,000 emotional…