New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Writ of sequestration

  • 19 Dec 2006

    CHESTERFIELDS PRESCHOOLS LTD AND ORS V THE COMMISSIONER OF INLAND REVENUE HC CHCH CIV 2004-409-001596

    Citation
    openlaw-d3e6279d_0f87_4da0_a2d7_6ccc4b1fdce8.pdf
    Court
    High Court

    The Court granted prejudgment charging orders under r 567 because properties were registered in the absent defendant's name and there was sufficient evidence of steps to defeat creditors; the orders were made subject to leave reserved for Mr Hampton or any person demonstrating beneficial ownership to apply on notice to review or set aside; contempt proceedings against Ms Sisson were permitted to be withdrawn without prejudice and costs were left where they fell, and the interlocutory orders were amended per the parties' memorandum.

    • Prejudgment charging order
    • Mareva injunction
    • Writ of sequestration
    • Contempt
    • Beneficial ownership
    • Withdrawal of proceedings

  • 30 Nov 2006

    CHESTERFIELD PRESCHOOLS LTD AND ORS V THE COMMISSIONER OF INLAND REVENUE HC CHCH CIV 2004-409-001596

    Citation
    openlaw-49fe1d00_ef77_43ec_9870_64f9097166d9.pdf
    Court
    High Court

    Because the urgent application lacked sufficient notice, adequate particulars as to beneficial ownership and satisfactory arrangements to protect the interests of the Commissioner and other creditors, the court declined to set aside or vary the writ and adjourned the application pending fuller particulars and the opportunity for the Commissioner to be heard.

    • Writ of sequestration
    • Licensing of premises
    • Beneficial ownership dispute
    • Adjournment
    • Creditor protection