21 Jun 2019
Mudajaya Corporation Berhad v Chua [2019] NZHC 1436
- Citation
- [2019] NZHC 1436
- Court
- High Court
The respondents' application to rescind the freezing orders succeeds because Mudajaya failed to establish a tenable argument that the Malaysian default judgment would be registered and survive setting aside under s6(1)(c) given there is no evidence of actual notice of the Malaysian proceedings to the defendants; alleged non‑disclosures were not egregious and, although a real risk of dissipation existed, it did not overcome the statutory requirement for actual notice to sustain registration and thus the extraordinary freezing relief could not be continued.