5 Feb 2016
TWENTIETH CENTURY FOX FILM CORPORATION & ORS v DOTCOM & ORS [2016] NZHC 88
- Citation
- [2016] NZHC 88
- Court
- High Court
The Commissioner of Police had standing as an interested party and was entitled to be heard. The court may vary a freezing order under r 32.8 by exercising a residual discretion focused on the interests of justice, but variation to permit use of frozen assets as security was refused because the proposed transaction posed an unacceptable risk to the frozen asset: CTSL and Mr Dotcom lacked means to repay, Mega Ltd's shares were unlikely saleable, the company was financially distressed with repeated dilutive rights issues, and the risk assessment could not be left solely to Mr Dotcom. The studio…