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The jurisdictional hurdles of s 26 of the Trans-Tasman Proceedings Act 2010 (Cth), in the context of interim anti-enforcement relief in aid of New Zealand proceedings
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 [2023] NZHC 3260. The plaintiff, a British Virgin Islands company, claimed that the defendants had committed a tortious conspiracy against it because the Kentucky default judgment was based on fabricated claims intended to defraud it. The defendants were a New Zealand company, Wikeley Family Trustee Ltd (WFTL), and persons associated with the company.
In an undefended judgment, the High Court granted the injunction, awarded damages for the costs incurred in the foreign proceedings (referring to cases such as Union Discount Co Ltd v Zoller [2001] EWCA Civ 1755, [2002] 1 WLR 1517 by analogy), and issued a declaration that the Kentucky judgment would not be recognised or enforceable in New Zealand. As noted previously on this blog (see here), the case is an interesting example of “the fraud exception to the principles of comity” (Kea Investments Ltd v Wikeley (No 2) [2023] QSC 215 at [192]).
Second Act in Dutch TikTok class action on privacy violation: court assesses Third Party Funding Agreements
Written by Eduardo Silva de Freitas (Erasmus University Rotterdam), Xandra Kramer (Erasmus University Rotterdam/Utrecht University) & Jos Hoevenaars (Erasmus University Rotterdam), members of the Vici project Affordable Access to Justice, financed by the Dutch Research Council (NWO), www.euciviljustice.eu.
Introduction
Third Party Litigation Funding (TPLF) has been one of the key topics of discussion in European civil litigation over the past years, and has been the topic of earlier posts on this forum. Especially in the international practice of collective actions, TPLF has gained popularity for its ability to provide the financial means needed for these typically complex and very costly procedures. The Netherlands is a jurisdiction generally considered one of the frontrunners in having a well-developed framework for collective actions and settlements, particularly since the Mass Damage Settlement in Collective Actions Act (WAMCA) became applicable on 1 January 2020 (see also our earlier blogpost). A recent report commissioned by the Dutch Ministry of Justice and Security found that most collective actions seeking damages brought under the (WAMCA) have an international dimension, and that all of these claims for damages are brought with the help of TPLF.
Is this a Conflicts Case?
In Sharp v Autorité des marchés financiers, 2023 SCC 29 (available here) the Supreme Court of Canada has held that a Quebec administrative tribunal, the Financial Markets Administrative Tribunal, can hear a proceeding brought by the administrative agency that regulates Quebec’s financial sector, the Autorité des marchés financiers, against four defendants who reside in British Columbia. The AMF alleged in the proceedings that the defendants had contravened the Quebec Securities Act.
The courts below, including a majority of the Quebec Court of Appeal, focused the analysis on s. 93 of the Act respecting the Autorité des marchés financiers, CQLR, c. A-33.2, which grants the FMAT jurisdiction to make determinations under the Securities Act. They interpreted and applied this provision in light of Unifund Assurance Co. v Insurance Corp. of British Columbia, 2003 SCC 40, a leading decision on the scope of application of provincial law, which held that a provincial regulatory scheme constitutionally applies to an out-of-province defendant when there is a “real and substantial connection”, also described as a “sufficient connection”, between the province and the defendant. This test was met on the facts [see para 22] and so the FMAT had jurisdiction. This analysis is not generally understood as being within the field of conflict of laws. Indeed, the majority of the Court of Appeal “saw no conflict of jurisdiction or any conflict of laws that would require the application of private international law rules to this case” [see para 29].
News
Seminar: Gender-based violence across borders: challenges and opportunities to establishing routes to safety in a migratory world
Lauren Clayton-Helm and Ana Speed (both Northumbria University) are hosting a Modern Law Review funded conference at Northumbria University Law school on the 24th April entitled ‘Gender-based violence across borders: challenges and opportunities to establishing routes to safety in a migratory world’.
Further information can be found on the poster.
There will be space for up to 40 attendees.
Registration is mandatory under this link.
Vacancy at the University of Bremen: Paid PhD-Researcher Position in Civil Law, Private International Law and Legal Theory
The Faculty of Law of the University of Bremen is recruiting a doctoral researcher in Private International Law, Civil Law and Legal Theory (‘wissenschaftlicher Mitarbeiter’ m/w/d; salary group 13 TV-L), part time 50 per cent, starting in 2025, for a duration of 36 months.
The researcher will provide scientific services in teaching to the extent of 2 SWS, and will be expected to work towards a PhD-thesis (doctor iuris) under the supervision of Prof. Dr. Gralf-Peter Calliess, in the research focus of the professorship, namely, private international law, civil procedure, arbitration, antitrust law and legal theory.
Candidates shall hold a first state examination in law (Staatsprüfung) or comparable academic university degree (graduation among the top 20 per cent of the year). A very good command of the German language is required, while a good command of English and/or other foreign language skills is an additional asset.
Deadline for applications with a letter of motivation, CV and certificates: 25th of March of 2025. For further information, please the legally binding call for applications (in German) to be found here or contact Margrit Knipper: knipper@uni-bremen.de.
Call for Papers: International Conference “European Private International Law: Is Improvement Needed?”
On behalf of Aleksandrs Fillers (Riga Graduate School of Law), we are happy to share the following conference announcement; more information can also be found here.
The European Union (EU) has become a central player in private international law (PIL) on the European continent. The scope of EU PIL is extensive and constantly poses challenges to scholars and courts. The objective of the Riga Private International Law Conference is to discuss the current weaknesses of EU PIL and share suggestions for improvements. The conference topics cover all areas of EU Private International Law, including private international law for divorces, maintenance, commercial contracts, torts, and more.
The conference will be held in Riga, Latvia, at the Riga Graduate School of Law on 7–8 June 2025.
Please submit abstracts of no more than 300 words to Associate Professor Dr Aleksandrs Fillers (aleksandrs.fillers@rgsl.edu.lv) by 15 April 2025.
We will notify you about the acceptance of papers by 1 May 2025. To cover the costs of lunches and administrative expenses, we foresee a moderate fee of EUR 30.
Directly after the conference, we intend to prepare a book proposal under the working title “Improving European Private International Law.” The proposal will be based on selected papers, and we aim to publish it with an international publishing house with broad distribution.