New Zealand Case Law: Decisions & Judgments

Topic

Foreign law evidence

Legal area

Court

29 Oct 2021

HUANG v HUANG [2021] NZHC 2902

Citation

[2021] NZHC 2902
Court

High Court

Personal service on the defendant in the PRC was effected contrary to PRC law (Civil Procedure Law art 277) and therefore invalid under High Court Rules r6.32(4); as a consequence the Court lacked jurisdiction and the proceeding must be dismissed; alternatively, even if service had been valid the Court should not assume jurisdiction because the PRC is the clearly appropriate forum for the core disputes; ancillary freezing orders were discharged because there was no real risk of dissipation.
19 Dec 2019

GRIFFIN TRUST AG v GLOBAL OIL SERVICES LTD [2019] NZHC 3418

Citation

[2019] NZHC 3418
Court

High Court

The court applied the High Court Rules scale (category 3) and awarded scale costs for specified steps ($15,840) and additional increased costs ($19,800) under r14.6 because preparation to oppose jurisdiction and to prepare affidavits engaging foreign civil law and translations substantially exceeded allocated time; indemnity costs were refused because the plaintiffs' conduct was not shown to be vexatious or improperly commenced; the Latvian expert fee was allowed as a reasonable disbursement; total costs and disbursements of $63,990.18 were ordered payable from the date of decision, with an a…
16 Dec 2015

WGGC CLEARY v EWART & EWART [2015] NZHC 3259

Citation

[2015] NZHC 3259
Court

High Court

The Option Deed, properly construed, granted the vendor the option to enter into the sale and did not give the plaintiff a right to compel the vendor to exercise that option or to complete the purchase; therefore the plaintiff cannot establish that negligent advice deprived him of an enforceable right and the first cause of action is struck out.
20 Dec 2012

KIM v THE PRISON MANAGER, MOUNT EDEN CORRECTIONS FACILITY SC 80/2012

Citation

SC 80/2012
Court

Supreme Court

The provisional arrest warrant issued under s 20 was lawful: s 20 permits issuance absent a formal surrender request and the material before the warrant-issuing Judge (Interpol Red Notice, certified Chinese arrest warrant and translations, witness statements, forensic indicia) gave reasonable grounds to believe the appellant was accused of intentional homicide and therefore an extraditable person; compliance with PRC art 47 and other contested foreign law issues are irrelevant to the s 20 inquiry or otherwise matters for judicial review or the substantive surrender/eligibility process; accord…
18 Sept 2012

KIM v PRISON MANAGER, MOUNT EDEN CORRECTIONS FACILITY HC WN CIV 2012-485-1918

Citation

openlaw-944e7229_d679_4a6b_99ea_99610e21e00a.pdf
Court

High Court

Writ refused. The District Court warrant dated 2 July 2012 was not rendered invalid by clerical errors; s23 Extradition Act 1999 authorises continued detention (both by its non‑bailability language and by application of s22 to the Summary Proceedings Act s46 power to remand); absence of detailed reasons on the face of the warrant was not fatal where detention continued with no opposition and the provisional warrant issued by Judge Broadmore contained sufficient brief reasons; challenges to upstream matters (compliance with foreign law and whether applicant has been 'accused') raise contested…
24 Feb 2009

YOON CHEOL HONG V DUK SEUNG AHN HC AK CIV-2008-404-008240

Citation

openlaw-6281fbee_2fbf_418d_b66b_e5047b2839ef.pdf
Court

High Court

The notarial certificates were not business records under s19 and constituted expert opinion evidence which required the experts' attendance or the Judge's permission under the Evidence Act and court rules; the TVNZ article was irrelevant and could not establish truth or the respondent's involvement; application to adduce further evidence was therefore dismissed.
13 Feb 2006

TASMAN CHARTERS INCORPORATED (IN LIQUIDATION IN NEW ZEALAND) & ORS V KAMPHUIS & ORS HC AK CIV 2003-404-1642

Citation

openlaw-53ba36f0_ffe0_4acb_ab52_a74d51df0bbb.pdf
Court

High Court

No material change of circumstances justified reversing earlier staged orders; discovery improved plaintiffs' case but not decisively; defendants face real and appreciable risk of non-recovery of costs from an overseas/liquidated plaintiff and lack enforceable assurances; exercising discretion accordingly, further security totaling NZD 70,000 (plus payment of outstanding NZD 6,956.50 by defendants 2-4) ordered and proceedings stayed until lodged.

New Zealand Case Law

HUANG v HUANG [2021] NZHC 2902

GRIFFIN TRUST AG v GLOBAL OIL SERVICES LTD [2019] NZHC 3418

WGGC CLEARY v EWART & EWART [2015] NZHC 3259

KIM v THE PRISON MANAGER, MOUNT EDEN CORRECTIONS FACILITY SC 80/2012

KIM v PRISON MANAGER, MOUNT EDEN CORRECTIONS FACILITY HC WN CIV 2012-485-1918

YOON CHEOL HONG V DUK SEUNG AHN HC AK CIV-2008-404-008240

TASMAN CHARTERS INCORPORATED (IN LIQUIDATION IN NEW ZEALAND) & ORS V KAMPHUIS & ORS HC AK CIV 2003-404-1642