New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of foreign judgment

Legal area

Court

31 Jul 2018

VECTOR LTD v SUNVERGE ENERGY, INCORPORATED [2018] NZHC 1936

Citation

[2018] NZHC 1936
Court

High Court

Set aside protest: New Zealand is the appropriate forum because the contract is governed by New Zealand law with a non-exclusive NZ jurisdiction clause, the goods were supplied to and used in New Zealand, the critical evidence and inspections are located in NZ, potential US third-party claims are speculative, and the risk of a NZ judgment being unenforceable in California was not shown to be substantial.
7 Apr 2016

KOREA DEPOSIT INSURANCE CORPORATION, TRUSTEE IN BANKRUPTCY FOR TOMATO SAVINGS BANK CO LIMITED v PARK [2016] NZHC 602

Citation

[2016] NZHC 602
Court

High Court

The Korean District Court judgment was enforceable in New Zealand; the contractual 25% overdue interest rate is not contrary to New Zealand public policy in the commercial context and is recoverable; therefore pre-judgment and post-judgment interest are to be applied at the contract rates to the date of entry of judgment in New Zealand; plaintiff to submit a formal judgment for sealing using the cash sell KRW/NZD rate as at the date of this Court's judgment; costs awarded to plaintiff on a 2B basis; leave reserved to apply later for interest under the Judicature Act on notice.