HOOPER V GILL AND ORANJE AND ANOR HC AK CIV-2010-404-005306

HOOPER V GILL AND ORANJE AND ANOR HC AK CIV-2010-404-005306

On the evidence the plaintiff demonstrated a good arguable claim and a real risk of dissipation because defendants had sold significant assets and were relocating to Australia; the plaintiff provided the required undertaking and therefore an interim freezing order in the terms of the draft was appropriate.

Citation
openlaw-285926d9_aa3f_45d4_85b4_8db1428ed863.pdf
Parties
Plaintiff: Donald Eoin Hooper; First Defendant: Michael Graham Gill; First Defendant: Diane Frances Oranje; Second Defendant: Lesley Hooper
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 August 2010
Procedural Posture
Freezing Order (mareva) Application / Ex Parte Interim Application
Outcome
Interim freezing order granted on ex parte basis in terms of the draft order
Legal Topics
Freezing Order, Mareva Injunction, Caveat, Dissipation of Assets, Undertaking as to Damages, Proceeds of Sale, Shareholder Entitlement
Civil Procedure Injunctions Property Law Equity Family Law Freezing Order Mareva Injunction Caveat +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Donald Eoin Hooper

Plaintiff

Michael Graham Gill

First Defendant

Diane Frances Oranje

First Defendant

Lesley Hooper

Second Defendant

Procedural Posture

Freezing Order (mareva) Application / Ex Parte Interim Application

Legal Issues

  1. 1 Whether plaintiff has a good arguable claim to monies alleged to be owed
  2. 2 Whether there is a real risk of dissipation of assets justifying an interim freezing order
  3. 3 Effect of lapse of caveat on plaintiff's ability to seek freezing relief

Ratio Decidendi

On the evidence the plaintiff demonstrated a good arguable claim and a real risk of dissipation because defendants had sold significant assets and were relocating to Australia; the plaintiff provided the required undertaking and therefore an interim freezing order in the terms of the draft was appropriate.

Court Disposition

Interim freezing order granted on ex parte basis in terms of the draft order

Orders

  • Interim freezing order (Mareva) granted restraining the first defendants from disposing of or diminishing assets within the jurisdiction, including freezing the proceeds of sale of 10 Bodi Place, in terms of the draft order filed
  • Directions that particulars at paragraph 7 of the draft be listed for 10 a.m. Thursday 19 August 2010 in the duty Judge list