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Articles for the keyword(s) "Serious issue to be tried"

"Service Abroad in Enforcement Proceedings"

Elsabe Schoeman, 2007

In Commerce Commission v Koppers Arch Wood Protection (NZ) Ltd [2007] 2 NZLR 805 jurisdiction in respect of offences committed by foreign defendants in terms of the Commerce Act 1986 was founded on R219(h), which allows for service abroad without leave of the Court. In a discussion of the case, the author comments on the application of the “good arguable case on the merits” test within the context of R219. The author also argues that statutory offences present unique challenges in terms of jurisdiction and enforcement and should rather be dealt with under R220, in terms of which the Court can exercise its discretion to grant leave after having considered all relevant factors.

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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.