8 Apr 2014
SKELTON v Z487 LIMITED [2014] NZHC 707
- Citation
- [2014] NZHC 707
- Court
- High Court
The Court reached a preliminary conclusion that New Zealand is the more appropriate forum to determine the overall dispute because the issues overlap and New Zealand courts can determine whether breaches of the 2008 agreement justified termination of the 2010 agreement and because there is a genuine dispute over the 2008 agreement's choice of forum clause; however s25(1)(a) presently requires the Court to stay any New Zealand claims that seek declarations or damages arising solely under the 2008 agreement unless the Australian court declines jurisdiction or an exception to s25 applies.