New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Rules 182 and 184 family court rules 2002
  • 3 Jun 2010

    L V J HC ROT CIV-2010-463-000354

    Citation
    openlaw-524689d7_a82e_4e3c_a7d3_dcbb02c999cd.pdf
    Court
    High Court

    The Family Court has jurisdiction under the PRA to make interim mandatory interlocutory orders against a New Zealand domiciled party to preserve movable property situated overseas; rule 182 provides a broad procedural basis for such mandatory relief and is not limited by rule 184 (which governs freezing orders confined to assets in New Zealand); accordingly the mandatory injunction ordering transfer of specified overseas-held funds into a New Zealand stakeholder was lawful, but the Court varied the stakeholder to the Registrar of the Family Court to ensure neutrality.

    • Interim mandatory injunctions
    • Mareva/freezing orders
    • Family court jurisdiction under pra
    • Extra-territorial disposition of movables
    • Rules 182 and 184 family court rules 2002
    • Sections 7, 22, 43, 44 property (relationships) act 1976