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"Damages and Territorial Jurisdiction: Judicial Interpretation of Rule 219(a) and the Case for Reform"

The author critically examines New Zealand case law on R 219(a) with specific reference to: (1) the judicial creation of a “good arguable case on the merits” test, and (2) the broad interpretation of “damages” within the context of trans-national tort actions. The author advocates law reform through the abolition of the “good arguable case” requirement and a reformulation of R 219(a), based on a comparison with other jurisdictions, to bring it in line with modern international trends.

Author
Giora Shapira
Published in
Otago Law Review
Year
2006
Volume
11
Issue
2
Pages
233-246

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