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.
Laurette Barnard, 1996
This is a review of the decision in Bolton v Marine Services Ltd CA251/93 5 February 1996, in terms of which a foreign irregular judgment, which had not been set aside in the foreign court because the judgment debtor was in contempt, could be enforced in New Zealand. The author criticises the Court’s interpretation of the public policy exclusion as it applies to the enforcement of foreign judgments, as well as the Court’s failure to appreciate the penal nature (and unenforceability) of the judgment debt.