5 Nov 2019
NATIONAL PLANT AND EQUIPMENT PTY LIMITED v P MUNDY HEAVY EQUIPMENT LIMITED [2019] NZHC 2879
- Citation
- [2019] NZHC 2879
- Court
- High Court
The court granted preservation orders requiring the US$1.32 million to be paid into court relying on NPE's undertaking as to damages because the sum was an identifiable fund susceptible to a restitutionary claim, there was a meaningful risk of dissipation (reinforced by the bank suspension), and interim preservation was justified under High Court Rules r7.55; subsidiary information order was refused and costs reserved.