14 Dec 2021
W H v Y L [2021] NZHC 3434
- Citation
- [2021] NZHC 3434
- Court
- High Court
The freezing and ancillary orders were confirmed because applicants met the three-fold threshold: they established a good arguable case on undue influence, breach of fiduciary duty, knowing receipt and deceit; there are identifiable assets (including extraterritorial assets) to which orders can apply; and a real risk of dissipation existed, materially reinforced by the late disclosure of an all‑monies UBS charge over the company's assets. The applicants' limited disclosure shortcomings were not egregious and did not warrant discharge of ex parte relief.