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Articles for the keyword(s) "High Court Rules"

"Injunctions and Overseas Arbitration"

Tim Smith, 2013

Discovery Geo Corporation v STP Energy Pte Ltd [2012] NZHC 3549; [2013] 2 NZLR 122 is noted for the judgment’s discussion of the courts jurisdiction to grant ex parte preliminary orders in arbitration proceedings governed by the Arbitration Act 1996. Notably the judgment makes clear that while the Arbitration Act 1996 empowers courts to grant ex parte orders in support of foreign arbitrations it does not confer jurisdiction over a particular defendant. Jurisdiction over any foreign domiciled defendant must be established according to the High Court Rules. The author notes the potential hurdles such a position creates for a party seeking urgent interim measures in New Zealand against a foreign respondent in support of a foreign arbitration. By way of solution, the author states that applications for interim measures should be made in a timely way to allow for effective service and protest to jurisdiction under the High Court Rules. The author states that in cases of extreme urgency applications are best made in the jurisdiction to whic

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“Conflict of Laws”

Elsabe Schoeman, 2013

This review of New Zealand cases and other developments covers the first series of cases dealing with the new High Court Rules, which came into operation on 1 February 2009. The review also covers the new Limitation Act 2010 and the Trans-Tasman Proceedings Act 2010, as well as a new case on the jurisdiction of a New Zealand court in respect of the infringement of a foreign (US)-registered patent.

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"Interim relief in support of foreign arbitrations and judicial proceedings"

Jack Wass, 2017

The author considers the High Court's powers to grant interim protective relief in aid of substantive proceedings, and argues that the Court has been wrong to hold that it may not consider such applications before it has determined a respondent's protest to jurisdiction.

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"A View from Australia's Regional Partners - Recent Developments in New Zealand and Singapore"

Elsabe Schoeman and Adeline Chong, 2014

The authors consider recent conflict of laws developments in New Zealand and Singapore. The review of New Zealand developments covers the first series of cases dealing with the new High Court Rules, which came into operation on 1 February 2009. The review also covers the new Limitation Act 2010 and the Trans-Tasman Proceedings Act 2010, as well as a new case on the jurisdiction of a New Zealand court in respect of the infringement of a foreign (US)-registered patent.