By Tony Johnson - 26 Mar 2010
If you are being sued in another country, see your lawyer
immediately. You could fight the case in the other country's Court,
object to that Court's jurisdiction over you, or even ignore the
overseas Court completely. Figuring out the best strategy to
deal with overseas law suits depends on your particular
circumstances.
Option 1 - fight the case overseas
This could be more expensive than you think. Things like
higher legal fees overseas, translation costs and overseas travel
add up quickly.
Option 2 - object to Court's jurisdiction
An alternative might be to object to the overseas Court's
jurisdiction over you. Generally, however, an overseas Court
will accept jurisdiction if the matter involves its own national
and the matters in issue took place in that country.
Option 3 - ignore the overseas Court
It's not usually a good idea to bury your head in the sand when
you are sued in New Zealand. However, when you are being sued
overseas, it can sometimes be worthwhile.
This possibility needs to be discussed with your lawyer.
Such inaction may be appropriate if you do not intend re-visiting
the country overseas or you do not have assets in that country.
The importance of not involving yourself in the overseas
proceedings becomes very relevant if it comes to challenging the
enforcement of the judgment in New Zealand.
NZ enforcement of overseas judgment
Although ignoring overseas proceedings is one thing, you should
definitely not ignore any attempt to enforce the overseas judgment
in New Zealand.
Enforcement can be by way of a common law debt proceeding.
in relation to certain countries, enforcement can happen in
accordance with the reciprocal Enforcement of Judgments Act.
Generally, the New Zealand Court must be satisfied that the
overseas Court had jurisdiction to determine the matter against
you.
A New Zealand Court will be hesitant to allow enforcement of the
judgment in New Zealand if:
- You were not living in the overseas country when the
proceedings were served, and
- You have not submitted to the other Court's jurisdiction or
otherwise agreed to the overseas Court's jurisdiction.
If you need to know more about overseas proceedings, contact Tony Johnson.