New Zealand Case Law: Decisions & Judgments

Topic

Jurisdictional objection

Legal area

Court

30 Mar 2023

WENG-YUAN TSAO v YEN WEI CHEN [2023] NZHC 679

Citation

[2023] NZHC 679
Court

High Court

The defendants' appearance under protest was set aside because the asserted contractual settlement is a merits-based bar to the plaintiffs' claims rather than a jurisdictional defect; the Court held the settlement agreement of 1 November 2018, read as a whole, plainly intended to preclude any further litigation related to CIV-2017-404-1276 (including matters related to AFF), and therefore causes of action that merely relitigate those matters should be struck out, but the plaintiffs retain the right to amend to plead a distinct cause of action to overturn the settlement (eg fraud/misrepresenta…
27 Oct 2022

CAREY v ACCIDENT COMPENSATION CORPORATION (COSTS) [2022] NZHC 2787

Citation

[2022] NZHC 2787
Court

High Court

The Court held the special leave application was filed within the statutory timeframe but that the proposed point of law (that the Interest on Money Claims Act 2016 applied to ACC's calculation of interest) was not a bona fide seriously arguable question; special leave was dismissed and the respondent was entitled to costs on a 2B basis but those costs were reduced by 30% because the respondent was unsuccessful on a jurisdictional issue; respondent ordered to submit a revised schedule of costs for certification by the Registrar.
18 Aug 2022

H O WILES LTD v BAR’S PRODUCTS INTERNATIONAL LTD [2022] NZHC 2045

Citation

[2022] NZHC 2045
Court

High Court

The application to stay or dismiss was dismissed because the Fair Trading Act and passing off causes of action could not be said to have no prospect of success or to be an abuse of process given the pleaded facts; the statutory opposition process did not plainly and necessarily preclude these causes of action and dismissal at this interlocutory stage was not justified.
14 Apr 2022

GRANT as liquidator of ORMISTON RISE LIMITED (IN RECEIVERSHIP and IN LIQUIDATION) v ARENA ALCEON NZ CREDIT PARTNERS, LLC [2022] NZHC 783

Citation

[2022] NZHC 783
Court

High Court

Service on the respondent was invalid because it did not comply with the applicable foreign law for service (Delaware §18-105 and New York §311-A): documents were delivered to an unauthorised receptionist at a related entity and not to an authorised agent or registered agent; HCR r 6.32(4) requires compliance with the law of the country served, and r 1.9 cannot be used to cure invalid foreign service that goes to jurisdiction; therefore the Court lacked jurisdiction and the proceeding was dismissed.
26 May 2015

MIKE PERO REAL ESTATE LIMITED v TAURANGA REALTY LIMITED [2015] NZHC 1162

Citation

[2015] NZHC 1162
Court

High Court

The plaintiff had not submitted the substantive dispute to the High Court; its proceedings were properly characterized as seeking interim relief under clause 31.7 of the franchise agreement and art 9 of Schedule 1 of the Arbitration Act 1996, and its subsequent conduct demonstrated an intention to follow the contractually agreed dispute resolution process; therefore the defendants' application to set aside their appearance was dismissed.
5 May 2010

V A CRAWSHAW V S PAXTON-PENMAN AND ANOR HC AK CIV-2009-404-001828

Citation

openlaw-3f5ad8d3_a444_45a9_ba26_962bad686239.pdf
Court

High Court

The Court held the plaintiff's claims against the second defendant do not require determination of an employment relationship problem and therefore are not within the exclusive jurisdiction of the Employment Relations Authority; the $60,000 arose under the sale and purchase agreement as vendor-purchaser rights, not under the employment agreement, so the jurisdictional objection failed.

New Zealand Case Law

WENG-YUAN TSAO v YEN WEI CHEN [2023] NZHC 679

CAREY v ACCIDENT COMPENSATION CORPORATION (COSTS) [2022] NZHC 2787

H O WILES LTD v BAR’S PRODUCTS INTERNATIONAL LTD [2022] NZHC 2045

GRANT as liquidator of ORMISTON RISE LIMITED (IN RECEIVERSHIP and IN LIQUIDATION) v ARENA ALCEON NZ CREDIT PARTNERS, LLC [2022] NZHC 783

MIKE PERO REAL ESTATE LIMITED v TAURANGA REALTY LIMITED [2015] NZHC 1162

V A CRAWSHAW V S PAXTON-PENMAN AND ANOR HC AK CIV-2009-404-001828