23 Oct 2019
MO & Anor v TAMAKI HOMES LIMITED [2019] NZHC 2701
- Citation
- [2019] NZHC 2701
- Court
- High Court
Because the plaintiffs demonstrated an arguable case and produced further evidence (including reports and defendant evidence) showing substantial plaintiff contributions to the property and credible indications that defendants were taking steps to sell units in a manner that risked defeating the plaintiffs' interests, the court was satisfied that leave should be granted for a pre-judgment charging order to preserve proceeds, with liberty to vary the orders to permit sales while securing those proceeds.