s 10
In forceEffect of service under section 9
Part 2Service in New Zealand of initiating documents issued by Australian courts and tribunals
Division 2Service in New Zealand of initiating documents issued by Australian courts and tribunals
10 Effect of service under section 9
Service of an initiating document in New Zealand under section 9:
(a)
has the same effect; and
(b)
gives rise to the same proceeding;
as if the initiating document had been served in the place of issue.
Note:
For initiating documents issued by an Australian court, the defendant may apply to the Australian court to stay the proceeding on the grounds that a New Zealand court is the more appropriate court: see Part 3. In some cases, the defendant and the defendant’s lawyer may appear remotely in that stay proceeding without the court’s leave: see subsection 18(4).
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