18 Nov 2021
SMITH v CLAIMS RESOLUTION SERVICE LTD [2021] NZHC 3106
- Citation
- [2021] NZHC 3106
- Court
- High Court
The Court granted the without‑notice freezing order because CRS demonstrated a good arguable case on its contractual counterclaim, identified specific assets (the residential property or, if sold, up to NZD200,000 of net proceeds), produced contemporaneous evidence supporting a real risk of dissipation (plaintiff's emails indicating sale and financial ruin), and the balance of convenience and overall justice favoured interim preservation of assets pending further process; the order was time‑limited and subject to variation and undertaking as to damages.