New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Third party freezing orders

Legal area

Court

4 Sept 2023

TIAN v XU [2023] NZHC 2443

Citation

[2023] NZHC 2443
Court

High Court

The Court found the plaintiff had established a good arguable case against Knox X Trustee under PLA s 346(2)(a) because irrevocable gifts to the trustee likely rendered Mr Xu insolvent at the time or caused insolvency, and there was a significant real risk the net sale proceeds would be dissipated (including transferred to China) if the freezing order was discharged; accordingly the application to discharge the freezing order was dismissed and the freezing order retained.
1 Dec 2009

VUTHIRATT YOS V SANGHARA HENG HC WN CIV 2009-485-2346

Citation

openlaw-3704728e_aff5_44b7_a3e1_bd72a6128e80.pdf
Court

High Court

Under the new High Court Rules Part 32 the Court has jurisdiction to grant freestanding freezing orders in support of foreign proceedings and to make such orders against third parties (the respondent banks) holding assets in New Zealand where the applicant shows a good arguable case, a real connecting link (assets in New Zealand), prospects of obtaining and enforcing judgment, and risk of dissipation; those conditions were satisfied and a freezing order against the banks was justified; ancillary orders against the defendant were unnecessary and discharged.