RJ Paterson, 1992
The author reviews significant Conflict of Laws cases from 1990 and 1992. The review focuses on the existence of jurisdiction, submission to jurisdiction and subject matter jurisdiction, as well as the relevance and application of forum non conveniens with reference to protest to jurisdiction, jurisdiction clauses, lis alibi pendens, service within New Zealand, and summary judgment proceedings, as well as family law proceedings and international child abduction cases. The author also covers the enforcement of foreign judgments at common law, as well as by statute.
Reid Mortensen, 1999
This article discusses the Closer Economic Relations (CER) Trade Agreement entered into between New Zealand and Australia in 1983 with specific reference to the removal of legal impediments to trade. The author criticises the CER scheme as it does little to improve the efficiency in respect of trans-Tasman judgment extensions. An in-depth analysis follows into alternative mechanisms available for judgment enforcement, with specific reference to the European and Australian models. The author concludes with proposals for the adoption of a “direct jurisdiction” model for the CER scheme.
“Enforcing Foreign Judgments at Common Law in New Zealand: Is the Concept of Comity Still Relevant?”
John Turner, 2013
In this article, the author explores the role of comity as the theoretical basis of the enforcement of foreign judgments at common law in New Zealand. The author outlines the development of the concept of comity from its historical origins involving the promotion of reciprocity between courts to its modern iteration based on the recognised desirability of the enforcement of a debt obligation that binds defendants. The author’s thesis is that comity alone, in both its historical and modern conceptions, is an inadequate theoretical basis for the enforcement of foreign judgments. Instead, the author suggests that the use of comity as a basis for enforcement should be buttressed by a strong commitment by the courts to meeting the needs of international trade and commerce.