New Zealand Acts

TRANS-TASMAN PROCEEDINGS ACT 2010 - SECT 24

24 Order of stay of proceeding

1 On an application under section 22 , the New Zealand court may, by order, stay the proceeding if it is satisfied that an Australian court—

a) has jurisdiction to determine the matters in issue between the parties to the proceeding; and

b) is the more appropriate court to determine those matters.

2 In determining whether an Australian court is the more appropriate court to determine the matters in issue between the parties to the proceeding, the New Zealand court must not take into account the fact that the proceeding was commenced in New Zealand, but must take into account the following matters:

a) the places of residence of the parties or, if a party is not an individual, its principal place of business:

b) the places of residence of the witnesses likely to be called in the proceeding:

c) the place where the subject matter of the proceeding is situated:

d) any agreement between the parties about the court or place in which those matters should be determined or the proceeding should be instituted (other than an exclusive choice of court agreement to which section 25(1) applies):

e) the law that it would be most appropriate to apply in the proceeding:

f) whether a related or similar proceeding has been commenced against the defendant or another person in a court in Australia:

g) the financial circumstances of the parties, so far as the New Zealand court is aware of them:

h) any other matters that the New Zealand court considers relevant.

Note: Service and Execution of Process Act 1992 s 20(3), (4) (Aust)