14 Apr 2022
GRANT as liquidator of ORMISTON RISE LIMITED (IN RECEIVERSHIP and IN LIQUIDATION) v ARENA ALCEON NZ CREDIT PARTNERS, LLC [2022] NZHC 783
- Citation
- [2022] NZHC 783
- Court
- High Court
Service on the respondent was invalid because it did not comply with the applicable foreign law for service (Delaware §18-105 and New York §311-A): documents were delivered to an unauthorised receptionist at a related entity and not to an authorised agent or registered agent; HCR r 6.32(4) requires compliance with the law of the country served, and r 1.9 cannot be used to cure invalid foreign service that goes to jurisdiction; therefore the Court lacked jurisdiction and the proceeding was dismissed.