1 Jun 2023
The Court had personal jurisdiction and subject matter jurisdiction to hear the in personam trust claim because the pleaded trust admissions and operative documents arose in New Zealand and both parties are resident there; the defendant failed to establish that China was a clearly or distinctly more appropriate forum, so the protest to jurisdiction was set aside.
21 Mar 2013
Plaintiff failed to prove on the balance of probabilities that the defendant voluntarily submitted to the Nevada State Court; the decisive steps (notice of removal with reservation, Federal Court appearance, forum non conveniens motion and the documentation filed) were properly characterized as protests against jurisdiction undertaken to contest jurisdiction and did not constitute a waiver or submission; accordingly the Nevada default judgment cannot be enforced and judgment is entered for the defendant.
22 Dec 2010
The plaintiff failed to prove the essential common law prerequisites for enforcement — that the defendants were within Florida's territorial jurisdiction when proceedings were issued or had otherwise submitted to Florida jurisdiction — therefore the Florida default judgment is unenforceable in New Zealand and the plaintiff's summary judgment proceeding to enforce it is dismissed.