12 Nov 2020
HEBEI HUANENG INDUSTRIAL DEVELOPMENT CO LIMITED v DEMING SHI [2020] NZHC 2992 [12 November 2020]
- Citation
- [2020] NZHC 2992
- Court
- High Court
The Court held that New Zealand should assume jurisdiction: the Higher People's Court of Hebei Province is a 'court' for enforcement purposes; Hebei Huaneng established a good arguable case and serious issue to be tried; service out of jurisdiction under r6.27(2)(m) was properly engaged; the defendant's contention that plaintiff must first exhaust remedies against Detai did not prevent enforcement here given the factual and legal position; accordingly the defendant's appearance under protest was set aside and the plaintiff may proceed to seek summary judgment subject to procedural directions.