New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Natural justice (service and notice)

  • 20 Nov 2020

    GUANGZHOU DONGJIANG PETROLEUM SCIENCE & TECHNOLOGY DEVELOPMENT COMPANY LIMITED v KANG [2020] NZHC 3068

    Citation
    [2020] NZHC 3068
    Court
    High Court

    Defendant failed to establish any arguable defence: there was no breach of natural justice because he had notice and represented by counsel who participated and obtained an adjournment; his allegation of bribery/corruption was insufficiently particularised and unsupported by cogent evidence to meet the heightened prima facie standard required to defeat enforcement for fraud or public policy; accordingly plaintiff's summary judgment application succeeded and judgment is entered for the RMB amounts, interest and costs.

    • Summary judgment standards
    • Natural justice (service and notice)
    • Fraud on the foreign court
    • Public policy defence to enforcement
    • Proof of foreign law
    • Illegal contracts and restitution

  • 20 Jul 2017

    JIANGANG XU v JIN LIU (AKA DANIEL HU) [2017] NZHC 1689

    Citation
    [2017] NZHC 1689
    Court
    High Court

    Defendants failed to show on affidavit evidence that the Hangzhou court lacked jurisdiction, that the judgment was obtained in breach of natural justice, or that it was procured by fraud because material factual disputes exist requiring cross-examination; therefore the application to strike out or for summary judgment of the enforcement claim is dismissed. The application to stay the remaining causes of action is dismissed because the defendants have not shown Hangzhou is an available and clearly more appropriate forum and, given the enforcement claim will proceed in New Zealand, it would be…

    • Forum non conveniens
    • Natural justice (service and notice)
    • Fraud in obtaining judgment
    • Summary judgment/strike-out
    • Substituted service
    • Jurisdictional recognition