Campbell McLachlan, 1998
This article presents a detailed and comprehensive analysis of the development of English jurisprudence regarding disclosure orders to trace the proceeds of fraud across international jurisdictional boundaries. Against this background the author critically examines the decisions handed down by the New Zealand Court of Appeal, as well as the Judicial Committee of the Privy Council, in the Winebox inquiry case, pointing out that the real issue was one of conflicting (national) disclosure obligations and not the privilege against self-incrimination. The author sets out five propositions that are crucial to the development of transnational solutions to the problem of conflicting (national) demands re disclosure and secrecy, focusing on the distinction between original and enforcement jurisdiction and the implications thereof, as well as the position of third parties and the location of the relevant information.
David Goddard, 1992
This article presents a critical appraisal of the Reciprocal Enforcement of Judgments Amendment Act 1992 within the context of the CER (Closer Economic Relations) initiative between New Zealand and Australia. The author welcomes the extension of recognition (through registration) to foreign non-money judgments, final or interlocutory, but criticises continued adherence to the requirement of reciprocity. The article also addresses other crucial issues, such as the failure to provide for ex parte relief in New Zealand in support of Australian proceedings, interpretation of the "natural justice" defence and differences between New Zealand and Australian extra-territorial jurisdictional bases.
Campbell McLachlan, 2004
This article focuses on the growth in international commercial litigation in the English courts over a period of 25 years and the emphasis this has placed on the process of litigation. The author examines the impact of this on choice of law and the broader discipline of private international law.