New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Specific performance enforcement

Legal area

Court

8 Jun 2020

WAIMUMU ROAD LTD v MOASE HOLDINGS LTD [2020] NZHC 1258

Citation

[2020] NZHC 1258
Court

High Court

Given the prior consent order for specific performance, service of s 319 notice, the respondent's recalcitrance and delay, and the applicant's demonstrated urgency and minimal-intrusion programme, it was just and equitable to grant relief under s 320 in the terms of the s 319 notice (including extended hours) while declining sequestration and contempt relief.
30 Nov 2006

ASH ROAD INVESTMENTS LTD & ANOR V MCLEAN TOWER LTD & ANOR HC AK CIV-2006-404-3985

Citation

openlaw-fade0af8_a45b_46a5_b55f_d72d61d552c4.pdf
Court

High Court

RR 608 and 610 cannot be used to enforce an order for specific performance against a company director who is not named in the order; while a director who aids and abets a company's breach may be guilty of criminal contempt, such criminal contempt is not enforceable by writs of arrest or sequestration under rr 608 and 610; on the penalty interest limb, Mr Begley lacks the means to pay and therefore his non-payment does not constitute contempt warranting sequestration.