Ludgater Holdings Limited v Gerling Australia Insurance Company Pty Limited - SC 92/2009

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Summary

Civil appeal – Whether the Court of Appeal erred in applying s 9 of the Law Reform Act 1936, namely whether the Court of Appeal erred in not finding that the respondent had a sufficient presence in New Zealand and whether the Court of Appeal erred in finding that the High Court did not have subject-matter jurisdiction –  whether s 9 has an extraterritorial effect – whether, if the High Court does have jurisdiction, the Court in the exercise of its discretion should decline or allow jurisdiction[2009] NZCA 397  CA 546/2008   11 September   2009

Result

Application for leave to appeal granted.
16 December 2009
___________________________
Appeal dismissed. Cost to respondent $15,000 plus reasonable disbursements.
11 May 2010

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