10 Jul 2019
HAWAIKI SUBMARINE CABLE LP v TONGA CABLE LTD & OR [2019] NZHC 1595
- Citation
- [2019] NZHC 1595
- Court
- High Court
Because the guarantee is an accessory to the HOA and is intimately linked to it, the court inferred the parties intended New Zealand law to govern the guarantee (doctrine of infection), therefore service outside New Zealand was valid under r6.27(2)(b)(iv); having regard to choice of law, enforceability in Tonga under the Crown Proceedings Act and relevant authorities, New Zealand is the appropriate forum and the defendants' protest to jurisdiction is set aside.