New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Jurisdiction over foreign immovable property
  • 10 May 2019

    VON BRAINICH-FELTH-EILANDER v WARD [2019] NZHC 1029

    Citation
    [2019] NZHC 1029
    Court
    High Court

    Court granted leave only to amend pleadings to raise a jurisdictional issue about the Netherlands immovable properties but refused leave to amend in relation to the family trust powers and the three Schedule B items because the defendant's proposed changes were unacceptably late, would constitute distinct new defences, would cause significant prejudice and likely delay, and were insufficiently justified on the merits; costs consequences and time limits were ordered to mitigate prejudice.

    • Leave to amend pleadings after close of pleadings
    • Jurisdiction over foreign immovable property
    • Classification of trust rights/powers as property
    • Prejudice and delay
    • Costs orders and wasted costs