3 Jun 2016
LEEDS v RICHARDS [2016] NZHC 1191
- Citation
- [2016] NZAR 1016
- Court
- High Court
The stay application under s22 Trans-Tasman Proceedings Act was dismissed because (1) an Australian bankruptcy court would not, in practical effect, have jurisdiction for the trustees' application under s21(3)/s24(1) because New Zealand would not recognise or enforce the kind of Australian insolvency orders sought (excluded by the Order in Council and recognition rules), and (2) on the s24(2) connecting factors New Zealand was the more appropriate forum (subject matter and records located in Auckland, application directed at a NZ law firm, NZ law governs privilege and trustee powers). Consequ…