New Zealand Case Law: Decisions & Judgments

Topic

Urgent interim relief

Legal area

Court

15 Nov 2022

COUNCIL FOR THE ONGOING GOVERNMENT OF TOKELAU v AG [2022] NZHC 2991

Citation

[2022] NZHC 2991
Court

High Court

Given the court's jurisdiction to act in Tokelau, the paramountcy of the child's welfare, and the imminent risk the child could be removed from the jurisdiction when quarantine ended, it was proper to exercise parens patriae to make the child a ward of the Court and to delegate interim guardianship to the Minister of Education (as agent of the Court) to preserve the child's welfare and enable customary processes to resolve longer-term arrangements.
12 Jul 2022

SMITH v ECOLIBRIUM BIOLOGICALS HOLDINGS LIMITED [2022] NZHC 1642

Citation

[2022] NZHC 1642
Court

High Court

The applicant failed to discharge the onus to demonstrate necessity or expediency for interim liquidators: admissible evidence did not show assets in jeopardy, urgency, or that the liquidation application would likely succeed; absence of an undertaking as to damages was material; accordingly the interim liquidator appointment was refused.
2 Aug 2019

PRIMARY SERVICES NEW ZEALAND LIMITED v FONAGY & ANOR [2019] NZHC 1869

Citation

[2019] NZHC 1869
Court

High Court

The Court granted an interim freezing order against the first respondent limited to his shareholding in Fontur Trustee Limited and any proceeds he may become entitled to because there was a good arguable case on the underlying guarantee claim and evidence of a serious risk of dissipation; the order was confined to interim relief pending proper service and full argument and was not made against the second respondent due to service, jurisdiction and lack of urgency regarding the properties.
8 May 2019

Estate of Crowley application for probate [2019] NZHC 1000

Citation

[2019] NZHC 1000
Court

High Court

Because urgent preservation of the estate and facilitation of expert review of testamentary capacity were necessary, and there was no opposition to the limited appointment, the Court appointed a named temporary administrator with specific limited powers to instruct an expert, operate accounts to pay debts and, if necessary, sell a secured vehicle to repay the secured creditor, with leave reserved to seek directions and costs to be paid from the estate.

New Zealand Case Law

COUNCIL FOR THE ONGOING GOVERNMENT OF TOKELAU v AG [2022] NZHC 2991

SMITH v ECOLIBRIUM BIOLOGICALS HOLDINGS LIMITED [2022] NZHC 1642

PRIMARY SERVICES NEW ZEALAND LIMITED v FONAGY & ANOR [2019] NZHC 1869

Estate of Crowley application for probate [2019] NZHC 1000