29 Nov 2018
FOSTER v CHRISTIE, DEVINE and FOSTER [2018] NZHC 3103
- Citation
- [2018] NZHC 3103
- Court
- High Court
The severance claim concerned proprietary rights in New Zealand land and therefore falls within the Moçambique rule so only New Zealand courts have jurisdiction to determine that claim; however, related causes of action (undisclosed wills and funds in Irish accounts) have stronger connections to Ireland and on forum non conveniens grounds Ireland is the appropriate forum for those matters; executors had standing to protest and Willis Legal must cease acting in New Zealand proceedings because they may be necessary witnesses and there is a real conflict precluding continued representation in th…