New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Asset freezing

Legal area

Court

9 Nov 2010

XIONG CHEN V L CH PAI (AKA E LEUNG) AND J LEUNG HC AK CIV-2010-404-004811

Citation

openlaw-72494e75_7317_4689_a7a8_1561d4ee0ca2.pdf
Court

High Court

The registered Weathertight Homes Tribunal order remained enforceable because the debtor's appeals and applications did not set it aside or obtain an effective stay; absent a successful challenge that removed the order's validity, there was no proper basis to set aside the bankruptcy notice.
9 Jul 2007

WORLD GOOD WAY INC V WASAN INTERNATIONAL CO LTD AND ANOR HC AK CIV 2007-404-000634

Citation

openlaw-3997ae85_a35a_4e11_aaff_71e3b16bbe63.pdf
Court

High Court

Although the plaintiff established a good arguable case and that defendants had assets in New Zealand, it failed to prove a real risk of dissipation; defendants provided credible evidence that refinancing repaid existing indebtedness and that they have strong family and business ties to New Zealand, so the jurisdictional threshold for a Mareva injunction was not met and the Mareva injunction and related disclosure and restraint orders were refused.