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“Service Abroad without Leave: Taking Seaconsar Seriously’’

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.

Author
Elsabe Schoeman
Published in
New Zealand Business Law Quarterly
Year
2010
Volume
16
Issue
3
Pages
343 - 351

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