James Buenaventura v Rowena Burgess [2016] NZDC 2055

Published 20 September 2016

Protest to jurisdiction — application to set aside — District Courts Rules 2014, r 5.51 — District Courts Act 1947, s 29 — Spiliada Maritime Corporation v Cansulex Limited [1987] AC 460 — Gilmore v Gilmore [1993] NZFLR 561 (HC). An application to set aside an objection to jurisdiction was granted. The objection was filed under r 5.51 of the Rules, but on consideration of s 29 of the Act the Court did have jurisdiction. A forum non conveniens argument was also considered in light of the House of Lords case “Spiliada” and the New Zealand case “Gilmore”. On the principles of law in those cases and the facts of this case, New Zealand was the correct jurisdiction to determine the main proceedings. Judgment Date: 16 March 2016.