New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Misrepresentation and warranties

Legal area

Court

29 Aug 2014

FAI MONEY LTD v JOHNSTON [2014] NZHC 2075

Citation

[2014] NZHC 2075
Court

High Court

Given the suspicious circumstances of the sale (related parties, materially low price, lack of marketing or explanation) combined with the trustees' contractual negative covenants and the deed provision permitting personal liability where fraud or negligence reduces trust indemnity, the plaintiff demonstrated a good arguable case, assets exist and there is a real risk of dissipation; accordingly the freezing order should be continued pending judgment or further order.
16 Nov 2007

RAFFLES EDUCATION CORPORATION LIMITED V MILLS HC AK CIV 2007-404-001096

Citation

openlaw-73724561_490b_4a62_a159_92cd611138fb.pdf
Court

High Court

Joinder of the Kamil Inn Trust trustees was refused because there was no formulated cause of action against them in the arbitration and they were not parties to the share purchase agreement; the Mareva injunction was discharged because, on the full evidential material taken afresh, the plaintiff failed to establish a real risk of dissipation despite concerns about delayed and incomplete disclosure and muddled financial dealings by the defendant.