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Articles for the keyword(s) "Breach of contract"

"Security for Costs Where Plaintiff Resident Outside New Zealand – The New Zealand Decisions"

PRH Webb, 1975

The author presents an overview of cases in which Rule 577 of the Code of Civil Procedure has been applied within the context of requiring a foreign plaintiff to provide security for costs when proceeding against a New Zealand defendant. Applications of the Rule in relation to, inter alia, actions concerning breach of contract, administration of estates, companies and patents are considered, as well as the extent (amount) of security

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“Service Abroad without Leave: Taking Seaconsar Seriously’’

Elsabe Schoeman, 2010

The New Zealand High Court Rules in respect of service abroad without leave (r 6.27) now incorporate the “serious issue to be tried on the merits” test. This article examines the important difference between the “good arguable case” and “serious issue to be tried on the merits” tests using Lord Goff’s authoritative statements in Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran. The author urges the Courts to embrace Lord Goff’s clarification as an opportunity to provide certainty and accuracy in relation to the interpretation and application of the “serious issue to be tried on the merits” test.