27 Sept 2019
GRAHAM and JACKSON (as liquidators) of ARENA CAPITAL LIMITED (in liq) v MCNICHOLL [2019] NZHC 1973
- Citation
- [2019] NZHC 1973
- Court
- High Court
The application to stay was dismissed because New Zealand was the more appropriate forum: the substantive causes of action arise under New Zealand statutes and there is a settled body of New Zealand case law (notably McIntosh v Fisk and relevant High Court authorities) directly on point, the events occurred predominantly in New Zealand, the defendant's residence and financial situation only marginally favoured Australia and were insufficiently evidenced, and remote participation reduced any prejudice of travel; an extension of time to file the stay application was granted but did not alter th…