New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Interim payment order

  • 4 Dec 2020

    KIDD v VAN HEEREN [2020] NZHC 3198

    Citation
    [2020] NZHC 3198
    Court
    High Court

    Balancing the interests of justice against the directors' prudential assessment of the company's liquidity, the Court ordered Worldwide Leisure to pay, within 10 working days of presentation, certified forensic accountant invoices and other certified disbursements (excluding legal fees) to enable trial to proceed, with leave to apply to vary the order after 31 January 2021 or on changed circumstances; repayment security was unnecessary because payments enforce rather than discharge the interim payment order in full.

  • 2 Jul 2019

    KIDD v VAN HEEREN [2019] NZCA 275

    Citation
    (2019) 24 PRNZ 596
    Court
    Court of Appeal

    The Court held r 7.48 furnished jurisdiction to enforce the Interim Payment Order; Mr van Heeren was a party in default for failing to pay USD 25 million despite unsuccessful variation/stay and appeal attempts; contemporaneous OIO documentation and surrounding evidence established Saraceno holds the Worldwide Leisure shares as bare trustee for van Heeren; equity and the Court's powers enabled appointment of receivers over those shares to realise partnership assets (Huka Lodge and if necessary Dolphin Island) to raise USD 25 million to be paid into the High Court; orders were stayed for 30 day…