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…