This topic is dedicated to what steps you can take, both before and after obtaining a civil judgment, to protect and preserves the assets of the defendant in cases where he or she might get rid of those assets and “shoot through”.
Many people ask if they can seize the assets of a debtor or get some sort of a restraining order BEFORE the Court case.
The simple answer is YES but only if you get a Court order allowing you to do so and then you will only get such an order if you can show a real possibility that the debtor is going to hide or spend his assets.
Our Courts will only grant pre-judgment restraining orders or preservation orders in circumstances where there is evidence that assets will be transferred or spirited away.
This is generally known as the Mareva injunction principle (which was a common law order) but they are now allowed for under the District Court Rules or the High Court Rules.
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"I liked you Civil Index. Not much need for family or criminal but you civil index is very good to have at my fingertips. Thanks for providing this service T. (name withheld)"
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Feedback/Blogs/Reviews from related topic: Civil Law and Claims
"It's not fair that when you win a case you still have to beg a judge to award you costs and even then the award is always less than you have to pay your lawyer. This happened to me. My lawyer told me that there's always two sides to a story but the judge didn't recognise any validity in the other side's claim yet the nett result is that I recover only about 60% of my costs to my lawyer and the other 40% is about half of what I won in the case. That isn't justice. A real pissed off Kevin J. - Auckland - June 2007"
"NETLAW replies. Yes, we agree. What you need to do in these cases is make an Application for "Full and Reasonable Costs" and argue that the Court should (it can) make a full award. You need to convince a Judge that the other side never really has a chance of winning and that it is unfair that you should have to pay any costs. That is the way it is in the UK and Australia. But in New Zealand, it is usually only a percentage of the costs that you get back. That is unfair in many many cases. NETLAW - June 2007"
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"Bloody useful and practical. I sued for the recovery of money owing to me by a former friend. He owed me &11,000 so I could not use the Disputes Tribunal. I used a simple Statement of Claim. I forgot the Notice of Proceeding and the Court helped me but I then noticed that you had one on Netlaw. Your documents helped me and the Court staff were pretty good too. Cheers . . . Colin Dunedin - May 2007"
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"I found this interesting. I want to sue for punitive damages and I was interested to learn that our courts are pretty conservative. I think the Welfare have quite wrongly taken my kids and I have found out that the affidavit they gave to a Judge to get an order to uplift them was known to the Welfare to be incorrect. They told the Judge that I had drug convictions but when I found out 5 months ago that they thought that I proved then to them that this was untrue yet I have now found that they have still put this false evidence in an affidavit. But they have also told other people about my "drug convictions". You have to watch these people. (name witheld) - May 2007"
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"A fun topic. I can remember when I was a lawyer's secretary. He had a wee figurine of a barrister on his desk with a sign on it saying "Sue The Bastards" but, then, he should know because he was a bastard too, but a very good lawyer. (name withheld)"
Mareva Injunctions --
