New Zealand Case Law: Decisions & Judgments

Topic

Freezing order

Legal area

Court

14 Dec 2023

SMART LIVING LIMITED v CONNORS [2023] NZHC 3709

Citation

[2023] NZHC 3709
Court

High Court

The Court was satisfied there is a good arguable case on the pleaded causes of action, identifiable assets including the property sale proceeds and other assets up to $400,000, and a real risk of dissipation; accordingly a without‑notice freezing order and ancillary disclosure orders were justified to preserve assets and permit effective policing, and leave was granted to include the liquidated third defendant subject to liquidator consent or an application for leave.
5 Dec 2023

BLUE DAISY LTD v COMPTON [2023] NZHC 3519

Citation

[2023] NZHC 3519
Court

High Court

The plaintiff succeeded and was entitled to costs; indemnity costs were not awarded, but a 50% uplift on scale 2B costs was justified because the defendant breached her duties as a director and failed to repay on demand despite ultimately returning funds; costs were fixed at $22,227.00 plus disbursements as fixed by the Registrar.
22 Nov 2023

FCT TRUSTEE LTD v MEREDITH [2023] NZHC 3318

Citation

[2023] NZHC 3318
Court

High Court

The Court dismissed the application because it lacked jurisdiction and basis to substantially rewrite the Settlement Agreement appended to the Tomlin Order: the Agreement is a commercial contract interpreted by ordinary contractual principles, the applicant failed to establish illegitimate pressure/duress sufficient to void or vary the agreement, procedural routes pursued were inappropriate for setting aside contractual terms, and the liquidation of the former corporate trustee raised creditor and indemnity rights that preclude the relief sought. Additionally, a corporate trustee must be repr…
30 Oct 2023

ADM INTERNATIONAL SARL v GOLDEN SHINE NZ LTD [2023] NZHC 3021

Citation

[2023] NZHC 3021
Court

High Court

GSNZ failed to comply with the ancillary discovery order by withholding or redacting documents central to identifying assets (including the unredacted 2017 Agreement, any amendments or supplemental deed, and the carbon credit register history); because disclosure is necessary to determine whether assets exist and whether the freezing order should continue, the freezing order was extended until full compliance and targeted disclosure was ordered by a specified date.
11 Oct 2023

HORTUS LIMITED v ASHLESHA HOLDINGS LIMITED & ANOR [2023] NZHC 2851

Citation

[2023] NZHC 2851
Court

High Court

The Court was satisfied on the without‑notice application that the applicant had a good arguable case on the pleaded misrepresentation and remediation claims, that the respondents likely control assets traceable to the sale proceeds, and there was sufficient evidence of a real risk of dissipation (asset transfers, disposal and stated intention to invest overseas) to justify a freezing order and ancillary disclosure orders to the extent and on terms sought; accordingly the freezing order was granted for NZ$900,000, expiring in 14 days.
6 Oct 2023

STREET AND COOK CONSTRUCTION COMPANY LTD v CAMBRIDGE TERRACES LTD [2023] NZHC 2802

Citation

[2023] NZHC 2802
Court

High Court

The High Court may award costs for District Court steps that are necessary and proper to the removal and enforcement of a District Court judgment because s 120(5) of the District Court Act permits costs 'in connection with the removal and entry' of judgment and s 96 contemplates transferred proceedings; costs follow the event and the successful applicant is entitled to standard scale (2B) costs on the allowed steps, with specific contested steps disallowed or limited as set out in the judgment.
7 Sept 2023

SOROKA v MEREDITH [2023] NZHC 2510

Citation

[2023] NZHC 2510
Court

High Court

The applications were dismissed because (1) Mr Soroka lacked standing in his personal capacity to vary the Tomlin order as he was not a trustee and had been incorrectly named; (2) the reserved leave in the Tomlin order was limited to implementing the original settlement and did not authorize the broad amendments sought; and (3) the declarations sought were substantive final relief improperly pursued by interlocutory application rather than by originating proceedings under the Declaratory Judgments Act/Part 18. The court recorded that the liquidators accepted clause 25.1 likely removes FCTL as…
4 Sept 2023

TIAN v XU [2023] NZHC 2443

Citation

[2023] NZHC 2443
Court

High Court

The Court found the plaintiff had established a good arguable case against Knox X Trustee under PLA s 346(2)(a) because irrevocable gifts to the trustee likely rendered Mr Xu insolvent at the time or caused insolvency, and there was a significant real risk the net sale proceeds would be dissipated (including transferred to China) if the freezing order was discharged; accordingly the application to discharge the freezing order was dismissed and the freezing order retained.
31 Aug 2023

PURUCKER v HUEBLER [2023] NZHC 2429

Citation

[2023] NZHC 2429
Court

High Court

The Court was satisfied the statutory and equitable grounds for continuing and varying the interim freezing order were established (good arguable case, identifiable assets, real risk of dissipation, supported by the defendants' criminal conviction and void separation agreement), and therefore varied the interim freezing order to freeze $922,904.24 in specified assets pending effectiveness of a charging order, noting that the charging order will render the freezing order redundant once effective.
4 Aug 2023

FENG AND CAI v SEA.TX PROPERTY LIMITED [2023] NZHC 2067

Citation

[2023] NZHC 2067
Court

High Court

On an objective assessment of the parties' negotiations and conduct, the court found a common continuing intention that the $1.58m purchase price was GST inclusive; the agreement contained a clerical error by the agent and was rectified accordingly; plaintiffs awarded repayment of $237,000 (GST) and $66,447 (interest) and vendor could not claim indemnity from agents in the circumstances.