4 Sept 2023
TIAN v XU [2023] NZHC 2443
- Citation
- [2023] NZHC 2443
- Court
- High Court
The Court found the plaintiff had established a good arguable case against Knox X Trustee under PLA s 346(2)(a) because irrevocable gifts to the trustee likely rendered Mr Xu insolvent at the time or caused insolvency, and there was a significant real risk the net sale proceeds would be dissipated (including transferred to China) if the freezing order was discharged; accordingly the application to discharge the freezing order was dismissed and the freezing order retained.
- Freezing order
- Summary judgment
- Dispositions to defeat creditors
- Property law act ss 346-348
- Risk of asset dissipation
- Third party freezing orders