23 Jan 2023
WHYTE v THE A2 MILK COMPANY LIMITED [2023] NZHC 22
- Citation
- [2023] NZHC 22
- Court
- High Court
The Court found the Supreme Court of Victoria has jurisdiction to determine the matters (including New Zealand law claims) and, on balance of the s 24(2) factors — principally the existence of a substantially similar, first-in-time consolidated Australian proceeding and the risk of duplication and inconsistent judgments — the Australian court is the more appropriate forum; accordingly the NZ proceeding is stayed pending judgment on liability or final settlement of the Australian proceeding, with leave to apply to lift the stay if material circumstances change; leave to commence the representa…