Application for summary judgment — non-performance of contract — forum conveniens — kava. The plaintiff, an American-based company, issued summary judgment proceedings against the defendant for the recovery of $40,935.28 USD owed to the plaintiff. The parties had entered into a contract for the supply of a shipment of kava, which the plaintiff had paid $42,000 USD for but which defendant had never delivered. Following this, the defendant agreed to refund the $42,000 but only paid back $1,064.72. The plaintiff then filed proceedings against the defendant in New Zealand. The defendant filed a protest to the jurisdiction, submitting that Tonga was a more appropriate forum to hear the case. The Judge rejected this submission. There was jurisdiction by virtue of the defendant having been served in New Zealand and the defendant had a personal and commercial presence in New Zealand, and the majority of the communication and contacts in the transaction occurred in Auckland. The Judge therefore determined that New Zealand was the appropriate forum to hear the case. Judgment Date: 22 January 2021.