The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation (
About Maria Hook
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But we are proud to say that Maria Hook contributed 14 entries already.
Entries by Maria Hook
The New Zealand High Court recently granted a permanent anti-enforcement injunction in relation to a default judgment from Kentucky in Kea Investments Ltd v Wikeley Family Trustee Limited
Courts are often required to determine the existence or validity of jurisdiction agreements. This can raise the question of the applicable standard of proof. In common law jurisdictions, the question is not free from controversy. In particular, Stephen Pitel has argued
For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. Its purpose being to restrain a party from instituting or prosecuting proceedings in a foreign country, it is regularly granted to uphold arbitration or choice of court agreements, to stop vexatious or […]
By Jack Wass (Stout Street Chambers, New Zealand) The enforcement of judgments from Chinese courts continues to generate controversy in common law countries. In Hebei Huaneng Industrial Development Co Ltd v Shi, the New Zealand courts have been faced with the argument that because Chinese courts are not independent of the political arms of government, […]
By Maria Hook (University of Otago, New Zealand) and Jack Wass (Stout Street Chambers, New Zealand) When a couple divorce or separate, and the court is tasked with identifying what property is to be allocated between the parties, calculation of the net pool of assets usually takes into account certain debts. This includes matrimonial debts […]
By Jack Wass (Stout Street Chambers, Wellington, New Zealand) In the recent decision of Hebei Huaneng Industrial Development Co Ltd v Shi,
Readers of this blog may be interested to hear of a new textbook on private international law, recently published by LexisNexis. The Conflict of Laws in New Zealand is the first comprehensive treatment of the subject from a New Zealand perspective. Drawing on principles developed in common law countries while adopting a comparative perspective, it explains how New […]
This note addresses the question whether there is a common law basis for the recognition of foreign declarations of parentage. It appears that this issue has not received much attention in common law jurisdictions, but it was the subject of a relatively recent Privy Council decision (C v C  UKPC 40). The issue arises […]