New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Authenticity of documents

Legal area

Court

9 Nov 2021

MACNAMARA v PATTERSON AND DARLOW AS TRUSTEES OF THE MACNAMARA FAMILY TRUST [2021] NZCA 588

Citation

[2021] NZCA 588
Court

Court of Appeal

The balance of convenience disfavors a stay because a stay would not prevent the Craig Trust from pursuing recovery proceedings, would place independent trustees in the untenable position of defending a claim they consider undefendable, the consent orders entrusted determination to independent trustees, the appellant's challenge to the Deed lacked immediacy and strength on the material before the Court, and thus the appeal risked being nugatory but countervailing factors outweighed it.
7 Jun 2012

BELL V LAL HC AK CIV-2011-404-5601

Citation

openlaw-9a38bcfc_4ce2_4ddd_aa22_6684ed682c5d.pdf
Court

High Court

Leave to serve out was correctly granted: the contract had a real and substantial connection with New Zealand (contract formed in NZ, part performance in NZ, security over NZ land, NZ$ payments), there was a serious issue to be tried, and New Zealand was the appropriate forum (Fiji not clearly more appropriate and has practical obstacles); accordingly the defendants' jurisdictional protests were dismissed and appearances under protest set aside, with directions and timetable for summary judgment and related applications.