6 May 2016
The applicant failed to prove that the respondents left New Zealand with intent to defeat creditors as required by r 17.41; the evidence was insufficient and the application for leave to issue a charging order is declined.
20 Oct 2009
Because the applicant was justified in seeking the charging order before judgment (as set out in the 14 September 2009 reasons) and the respondents did not challenge the order, the applicant was entitled to costs; the originating application is analogous to a caveat application so items 25 and 4.18 of Schedule 3 apply, and costs are awarded on a category 2 band B basis totaling $2,880 plus disbursements of $517.