23 Dec 2010
AURORA FISHERIES LIMITED V AKIRA HOZUMI HC NEL CIV-2010-442-511
- Citation
- openlaw-4a3ee4b9_4efa_45e1_b6fa_b2e9430b6357.pdf
- Court
- High Court
The application for a charging order was dismissed because the defendant's absence and conduct did not meet the high standard under r17.41 of proving an intention to defeat the plaintiff's claim; however, a without‑notice freezing order limited to the defendant's Nelson residential property was granted under rr32.2 and 32.5 because the plaintiff demonstrated a good arguable case and sufficient risk, on the available circumstantial evidence, that the defendant might abscond or dissipate the asset; the order was limited in time and subject to the plaintiff's undertaking as to damages.