Accessibility Skip to Global Navigation Skip to Local Navigation Skip to Content Skip to Search Skip to Site Map

"Rule 219: The ‘Good Arguable Case’ Requirement"

The author criticises the adoption of the "good arguable case on the merits" test in respect of R 219 by New Zealand courts, as a result of erroneous reliance on English case law authority. Instead of facilitating the service of proceedings on foreign defendants this test, as well as the fact that the plaintiff carries the burden of proof, completely defeats the policy underlying service abroad without the leave of the court.

Author
Andrew Beck
Published in
New Zealand Law Journal
Year
2002
Pages
187 - 189

^ Top of page

Categories

^ Top of page

Keywords