The New Zealand government sought the return of a Maori carving which had been bought by the defendant after it had been illegally exported from New Zealand. The defendant replied that an English court should not itself enforce a foreign penal provision, the Historic Articles Act 1962 of New Zealand.
Held: The application succeeded. Under the rules of English private international law, this was neither a penal nor a revenue law and was accordingly enforceable by an English court. Order accordingly.
Judges:
Staughton J
Citations:
Times 08-Jul-1981
Jurisdiction:
England and Wales
Cited by:
Appeal From – Attorney-General of New Zealand v Ortiz CA 2-Jan-1982
The defendant was to sell a Maori carving which had been unlawfully exported from New Zealand. The Attorney General sought its recovery and an injunction to prevent its sale, relying on the Historical Articles Act 1962. The judge had ordered its . .
At First Instance – Attorney-General of New Zealand v Ortiz HL 3-Jan-1983
The Attorney General had sought the return of a valuable Maori carving which had been illegally exported from New Zealand and was to be sold by the defendant. He appealed against a finding that the provision (s12 Historical Articles Act 1962 of New . .
Cited – Mbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Lists of cited by and citing cases may be incomplete.
Commonwealth
Updated: 30 June 2022; Ref: scu.245567