13 Apr 2012
SOUTH PACIFIC INDUSTRIAL LIMITED V UNITED TELECOMS LIMITED HC WHA CIV 2012-488-202
- Citation
- openlaw-efd0cf91_e7a0_41d0_8da5_be1003954912.pdf
- Court
- High Court
Court concluded SPI had a good arguable case, that UTL had assets in New Zealand (scrap and dismantled parts), and that there was a real risk the proceeds of scrap sales would be dissipated or remitted to India in a way that would prejudice enforcement of SPI's claims; accordingly limited interim relief was justified confined to prohibiting dealing with scrap remaining in New Zealand and requiring unremitted scrap sale proceeds to be paid into UTL's solicitors' trust account, while refusing a freezing order in respect of shipment of the plant because the applicant's undertaking as to damages…