ROEBUCK & ORS v LIDDLE BUILDERS & CONSTRUCTION LIMITED [2021] NZHC 2591

ROEBUCK & ORS v LIDDLE BUILDERS & CONSTRUCTION LIMITED [2021] NZHC 2591

The Court adjourned the without‑notice interim application to allow the respondent time to obtain instructions and voluntarily provide the pre‑transfer balance sheet; if disclosure is not provided or applicants still seek orders the Court will issue a prompt interim decision and leave is reserved for a defended...

Source-derived case information.

Citation
[2021] NZHC 2591
Parties
First Applicant; Second Applicant (trustee of the Tahi Trust): Jason Gregory Roebuck; First Applicant; Second Applicant (trustee of the Tahi Trust): Victoria Ann Roebuck; Second Applicant (trustee of the Tahi Trust): Peter John Roebuck; Respondent: Liddle Builders & Construction Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 September 2021
Procedural Posture
Interlocutory Application (ancillary Freezing Order) / Interim Application by Teleconference; Adjourned for Further Disclosure and Decision
Outcome
Interim application adjourned to permit respondent to obtain instructions and consider voluntary disclosure; further directions given and leave reserved.
Legal Topics
Freezing Order, Without‑notice Application, Disclosure of Financial Statements, Asset Dissipation, Undertaking as to Damages
Civil Procedure Injunctive Relief Company Law Trusts Law Freezing Order Without‑notice Application Disclosure of Financial Statements Asset Dissipation +1 more

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Parties

Jason Gregory Roebuck

First Applicant; Second Applicant (trustee of the Tahi Trust)

Victoria Ann Roebuck

First Applicant; Second Applicant (trustee of the Tahi Trust)

Peter John Roebuck

Second Applicant (trustee of the Tahi Trust)

Liddle Builders & Construction Limited

Respondent

Procedural Posture

Interlocutory Application (ancillary Freezing Order) / Interim Application by Teleconference; Adjourned for Further Disclosure and Decision

Legal Issues

  1. 1 Whether the respondent should be ordered to produce its balance sheet predating asset transfers
  2. 2 Whether an affidavit identifying recipients of sale proceeds of 17 Taruna Place should be ordered
  3. 3 Whether interim relief should be granted without notice given respondent had been served and needed time to obtain instructions

Ratio Decidendi

The Court adjourned the without‑notice interim application to allow the respondent time to obtain instructions and voluntarily provide the pre‑transfer balance sheet; if disclosure is not provided or applicants still seek orders the Court will issue a prompt interim decision and leave is reserved for a defended hearing.

Court Disposition

Interim application adjourned to permit respondent to obtain instructions and consider voluntary disclosure; further directions given and leave reserved.

Orders

  • Interim application adjourned to 5pm on 30 September 2021 for the respondent to obtain instructions and advise whether the requested balance sheet will be provided voluntarily
  • If applicants do not wish to proceed after receiving any provided documents they must advise the Court promptly