New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Anti-enforcement injunction

Legal area

Court

31 Aug 2023

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD (IN INTERIM LIQUIDATIN) [2023] NZHC 2412

Citation

[2023] NZHC 2412
Court

High Court

The plaintiff was entitled to costs as the substantially successful party; costs assessed at Category 3 with Band C allowances for specified steps; expert fees were reasonably necessary and proportionate given the multi-jurisdictional complexity and urgency; the first and second defendants are jointly and severally liable for costs and disbursements of $246,234.67; the third defendant, despite taking no steps, is jointly and severally liable for $135,281.58 based on apportionment (full liability for without-notice steps, and 50% of on-notice and expert costs).
4 Nov 2022

KEA INVESTMENTS LTD v WIKELEY FAMILY TRUSTEE LTD [2022] NZHC 2881

Citation

[2022] NZHC 2881
Court

High Court

The High Court had personal jurisdiction over the New Zealand company and sufficient connection to the dispute; Kea established serious questions to be tried on alleged fraud, forgery, tortious conspiracy and abuse of process and showed that further enforcement and discovery steps abroad would be oppressive and vexatious. Given urgency and risk that defendants might defeat relief if warned, without-notice limited interim relief was justified. The balance of convenience and interests of justice required narrowly framed orders to preserve the status quo pending an on-notice hearing.