12 Nov 2020
KIM v OH [2020] NZHC 2985
- Citation
- [2020] NZHC 2985
- Court
- High Court
The Court held it had jurisdiction because clause 8 was not an exclusive jurisdiction clause: the clause referred to resolving disagreements by mutual agreement and to 'conventions/commercial practice' rather than expressly to Korean law or courts; translations were ambiguous and not reconciled in favour of exclusivity; clause 8 was not necessary to give business efficacy to the separate Acknowledgment of Debt and therefore could not be implied into it; the defendants' statement of defence sufficiently notified the jurisdictional objection and did not constitute submission as to the first cau…