Real and substantial connection

The background facts of NZ Trust Corporation Ltd v Bonnard Lawson Geneve SA & Ors are set out by Associate Judge Gardiner at [1] to [4] as follows:

The issues for the Court to determined can be summarised as whether:

• the claim has a “real and substantial connection” with New Zealand
• there is a serious issue to be tried, and
• New Zealand is the appropriate forum for the trial.

The following time-line sets out key events that have lead to the proceedings before the Court.

The facts are largely undisputed but highlight the practical difficulties where a trust is settled in a jurisdiction that has no connection with the beneficiary. This arguable is a key facet in the fundamental issue underlying the proceedings, which was that the limitation period had expired in Switzerland but not New Zealand. As noted by the Court:

The decision is fact specific, but should not be considered as being limited to its facts.

References:

• NZ Trust Corporation Ltd v Bonnard Lawson Geneve SA & Ors [2024] NZHC 607