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Injunctions and Other Emergency Relief

Published: 29-08-2000 Author(s): Helen Cull KC, Stephen Kos Pages: 216
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Author(s): Helen Cull KC, Stephen Kos
Published: 29 August, 2000
Pages: 216
   

1.1 Emergency relief applications tend to fall into certain well known categories:
 
(a) interim injunctions:
(i) to stop someone from doing something; or
(ii) to make someone do something: see Part 2 and 3.
(b) orders to freeze assets to prevent a defendant making itself "judgment-proof" through removal or dissipation (Mareva injunctions, prejudgment charging orders and property preservation orders: see Part 6.2-6.3 and 6.6).
(c) orders to physically seize particular property or evidence (Anton Pillers orders and property preservation orders : Part 6.5-6.6).
1.2 The purpose of this paper is to give practical and helpful advice to practitioners who are asked, usually at the end of a day or in the middle of other pressing matters, to seek emergency relief, including injunctions, to protect a client's position.

1.3 The nature and range of injunctions and other emergency relief orders is extremely wide. There are many pitfalls in applying for injunctive and other emergency relief which we hope we have addressed in this paper. By setting out the steps that need to be taken and providing some precedents for use in the future, we trust that practitioners will find this a useful guide for what is generally a rushed job for the maximum protection of the client.

1.4 Precedent documents are provided in Part 8 of the paper.

1.5 In addition the Appendix sets out the registry contact points for all High and District Courts in New Zealand - including after hours contact details. It need hardly be reminded that recourse to these registry staff should be made before ringing a Judge direct.

 

Content outline

  • Injunctions
    • What is an "injunction"?
    • Categories of injuction
  • Injunctions in specified areas of the law
    • Mortgagee sale
    • Variation of guarantee
    • Undermining of support to land
  • Other emergency relief
  • Enforcement
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