18 Mar 2015
ASCARI EQUITY PARTNERS LIMITED v C BERRYMAN and Y ZHANG [2015] NZHC 512
- Citation
- [2015] NZHC 512
- Court
- High Court
Because the loan agreement was governed by Hong Kong law, the Hong Kong Money Lenders Ordinance raised substantial and apparently settled questions about enforceability (including precedent from the Hong Kong Court of Appeal), and because it would be inappropriate for the New Zealand High Court to effectively overrule or supplant Hong Kong appellate authority on Hong Kong law, the Court exercised its forum non conveniens discretion and stayed the proceedings pending determination by the Hong Kong Courts.