11 May 2010
LUDGATER HOLDINGS LIMITED V GERLING AUSTRALIA INSURANCE COMPANY PTY LIMITED SC 92/2009
- Citation
- SC 92/2009
- Court
- Supreme Court
Section 9 does not have extra-territorial effect to create and enforce a statutory charge over insurance proceeds situated in Australia; the insurer's obligation under the Australian-issued policy is payable in Australia so the New Zealand courts lacked subject-matter jurisdiction to make orders affecting that foreign-sited debt and risk conflict with Australian insolvency and priority rules; accordingly the appeal is dismissed.