LI V LI & ANOR HC AK CIV-2011-404-7393

LI V LI & ANOR HC AK CIV-2011-404-7393

The court varied the freezing order to permit specific, limited payments from frozen assets (monthly living allowance of $4,500, lump sums of $1,450 and $7,000) and authorised payment of reasonable legal expenses and ordinary disbursements subject to limits and approval for unusual disbursements; legal costs for defence to be paid monthly in arrears on a Category 2B basis with a 30% uplift.

Citation
openlaw-c058be9e_f71a_4c36_b8ea_efec6caaa248.pdf
Parties
First Plaintiff: Song Guang Li; Second Plaintiff: Yan Qiang Li; First Defendant: Ting Chung Li; Second Defendant: Golden Forrest Trustee Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 November 2011
Procedural Posture
Civil (freezing Order Variation) / Oral Judgment (variation of Freezing Order)
Outcome
Freezing order varied to permit specified payments and funding of legal defence subject to limits and approval for unusual disbursements.
Legal Topics
Variation of Freezing Order, Permitted Payments From Frozen Assets, Funding of Legal Defence, Approval of Unusual Disbursements
Civil Procedure Injunctions Freezing Orders Costs Variation of Freezing Order Permitted Payments From Frozen Assets Funding of Legal Defence Approval of Unusual Disbursements

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Parties

Song Guang Li

First Plaintiff

Yan Qiang Li

Second Plaintiff

Ting Chung Li

First Defendant

Golden Forrest Trustee Limited

Second Defendant

Procedural Posture

Civil (freezing Order Variation) / Oral Judgment (variation of Freezing Order)

Legal Issues

  1. 1 Whether the existing freezing order should be varied to permit payments for living expenses and specific lump sums
  2. 2 Whether the second defendant may fund legal costs and the basis for those costs
  3. 3 Whether unusual disbursements may be incurred without prior approval

Ratio Decidendi

The court varied the freezing order to permit specific, limited payments from frozen assets (monthly living allowance of $4,500, lump sums of $1,450 and $7,000) and authorised payment of reasonable legal expenses and ordinary disbursements subject to limits and approval for unusual disbursements; legal costs for defence to be paid monthly in arrears on a Category 2B basis with a 30% uplift.

Court Disposition

Freezing order varied to permit specified payments and funding of legal defence subject to limits and approval for unusual disbursements.

Orders

  • The second defendant is permitted to pay living expenses to the first defendant of $4,500 per calendar month payable monthly in advance on the first day of each month commencing 1 December 2011.
  • The second defendant is permitted to make a single lump sum payment of $1,450 to the first defendant on 1 December 2011 to meet costs of debt servicing.