6 Nov 2007
ALEXANDER DARIUSH-FAR V GEOFFREY NORMAN ELLIS HC CHCH CIV 2007-409-001518
- Citation
- openlaw-e8a125d8_d610_4523_b531_e53ebb14415f.pdf
- Court
- High Court
The Court refused to grant declarations because the declarations sought would be of no utility in New Zealand and were plainly intended for use in Australian proceedings; given the discretionary nature of declaratory relief under s10 of the Declaratory Judgments Act 1908 and the inherent jurisdiction of the Court, it was inappropriate to proffer declarations solely for use in another jurisdiction, and the plaintiff's claim was dismissed with costs.