22 Nov 2011
NZX LIMITED V RALEC COMMODITIES PTY LIMITED HC WN CIV-2011-485-001299
- Citation
- openlaw-c77dd614_4666_48bf_9261_39116bbeca03.pdf
- Court
- High Court
The Court set aside the defendants' appearance under protest and assumed jurisdiction because the sale agreement expressly governed by New Zealand law and containing a non-exclusive submission to New Zealand courts established a good arguable case under r 6.27; the plaintiff demonstrated a real and substantial connection with New Zealand, there are serious issues to be tried on the merits for each pleaded cause, and New Zealand is the appropriate forum (r 6.28(5)); alternatively leave would have been granted and failure to seek it was excusable (r 6.29).