New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Legal aid declinature
  • 19 Oct 2009

    DE ALWIS & ORS V LUVIT FOODS INTERNATIONAL LTD & ORS HC AK CIV-2002-404-001944

    Citation
    openlaw-c6111d38_f47d_4d35_8fea_817fe5dd4e5d.pdf
    Court
    High Court

    Balancing the competing interests and having regard to the Court of Appeal having granted leave to reinstate Mrs Chean's appeal, the asset preservation order is varied narrowly to permit payment of reasonable legal costs up to the Legal Services Agency guideline amount ($3,360) for the specific purpose of funding the application to set aside the judgment against Mr Chean, because no reliable cost estimate was provided and wider release would unduly prejudice the judgment creditors.

    • Asset preservation orders
    • Variation of restraining orders
    • Legal aid declinature
    • Setting aside judgment
    • Summary judgment
    • Estoppel