New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Preservation of sale proceeds

Legal area

Court

3 Apr 2020

TILLEY v TILLEY [2020] NZHC 693

Citation

[2020] NZHC 693
Court

High Court

The court extended the freezing order over the $882,500 sale proceeds to prevent dissipation but permitted deduction and payment of legitimate sale-related costs (conveyancing, agents' commission, reasonable marketing expenses), outstanding rest home fees on production of invoices, and the trustees' solicitor's costs to defend the proceedings; other claimed payments to trustees or their partner required proper invoices or agreement and may be the subject of further application.
9 May 2011

CONNING AND OTHERS V MARTONI LIMITED HC AK CIV-2010-404-5351

Citation

openlaw-7cdf821f_1f4c_4ce3_b66a_a9eb615f9985.pdf
Court

High Court

Given the plaintiffs' evidential material showing recent asset transfers, mortgages and sales that raised a real concern of dissipation and the defendants' refusal to provide limited disclosure, the Court was not satisfied removal of the interim freezing orders was appropriate; accordingly the interim orders should be continued and extended (including to other banks) while limited exemptions (release of spouse's share and preservation of defendant's half share of net sale proceeds) be permitted pending a fully argued interlocutory hearing.