21 Jul 2020
TIRA v MCLAY [Reasons for decision made [2020] NZHC 2991
- Citation
- [2020] NZHC 2991
- Court
- High Court
The court found the plaintiff failed to disclose two critical matters in his without‑notice application — prior negotiations and an executed POSA suggesting agreement between the parties, and the plaintiff's unilateral seizure and use of most company assets — and that but for that non‑disclosure Moore J would likely not have made the freezing and related orders; accordingly the freezing orders were not renewed and lapsed on 21 July 2020. The executed search orders were not discharged because material had already been produced and was in court custody or held under undertakings.