New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sham trust and beneficial ownership
  • 12 Mar 2015

    COMMISSIONER OF POLICE v DOTCOM & OR [2015] NZHC 458

    Citation
    [2015] NZHC 458
    Court
    High Court

    Dotcom was permitted to access restrained government bonds up to $700,000 because he could not meet immediate legal and living expenses from unrestrained property; s28(1)(d) does not import a separate statutory reasonableness ceiling on legal fees paid from restrained funds where foreign restraining orders apply (s134), and the court's supervisory role is limited to preventing wasteful or dishonest depletion; supervised payment regime to continue.

    • Restraining orders
    • Access to restrained assets for legal and living expenses
    • Reasonableness of legal fees
    • Sham trust and beneficial ownership
    • Freezing orders
    • Variation of orders