New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Governing law clause

Legal area

Court

18 May 2021

THE TOWN OF JUPITER, FLORIDA v ENDEAVOUR CAPITAL LIMITED [2021] NZHC 1110 [18 May 2021]

Citation

[2021] NZHC 1110
Court

High Court

Court was satisfied that Endeavour was validly served and failed to file a defence, the claim arose from a Settlement Agreement that quantified the indebtedness so the claim is a liquidated demand under r15.7, and in the absence of evidence establishing that Florida law required monthly compounding the plaintiff's election to claim simple interest was accepted; judgment for liability was entered against Endeavour and the quantum fixed at USD 178,899.39 with specified costs and disbursements.
10 Jun 2020

SCHAEFFER v MURREN [2020] NZCA 224

Citation

[2020] NZCA 224
Court

Court of Appeal

The appeal was dismissed because the appellant failed to show that Nevada law governed all causes of action; Dicey Rule 25 requires foreign law to be pleaded and proved and no exceptional circumstance existed to displace application of New Zealand law; Associate Judge Matthews had validly found the partnership and arbitration clauses did not apply to the claims and New Zealand was an appropriate forum, so the High Court correctly applied New Zealand law.