New Zealand Case Law: Decisions & Judgments

Topic

Receiver appointment

Legal area

Court

25 Feb 2020

BIDESI v BIDESI [2020] NZHC 255

Citation

[2020] NZHC 255
Court

High Court

Grant of freezing and ancillary orders was justified because applicant established a good arguable case that the executor breached the will, assets within the estate are held in New Zealand, there is a real risk of further dissipation based on prior removals, the balance of justice favoured preservation of assets, there was sufficient nexus to New Zealand and without‑notice relief was necessary to prevent asset flight.
15 Dec 2009

K E D DIXON V G H DIXON HC HAM CIV 2007-419-001535

Citation

openlaw-0829e193_7f86_4f3c_bf7c_2b60bc159ac1.pdf
Court

High Court

The court approved the receiver's proposed interim distribution as it left sufficient funds for final adjustments, accepted Mrs Dixon's notice of opposition and ordered both parties to file supporting affidavits and notices by fixed dates, and allocated a hearing fixture; the interim distributions were directed because the receiver's accounts were sufficiently justified for interim payment while preserving more than adequate funds for final resolution.
23 May 2007

BRIAN JOHN SAGE V DOUGLAS LLOYD SOMERS-EDGAR AND ORS HC AK CIV-2006-404-7717

Citation

openlaw-d48830cd_c23f_4dad_ad01_2a581819acaf.pdf
Court

High Court

The interim injunction was refused because there was no serious issue as to the debenture's validity, reasonable time had been given for repayment, and although oppression raised a serious question damages were adequate; balance of convenience favoured defendants because company finances required disposal of assets; accordingly costs were fixed against the plaintiff on a 2B basis with a half‑day additional allowance and disbursements allowed, and no reservation of costs was made.

New Zealand Case Law

BIDESI v BIDESI [2020] NZHC 255

K E D DIXON V G H DIXON HC HAM CIV 2007-419-001535

BRIAN JOHN SAGE V DOUGLAS LLOYD SOMERS-EDGAR AND ORS HC AK CIV-2006-404-7717