| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 299/03 |
| Hearing date | 6 Oct 2003 |
| Determination date | 08 October 2003 |
| Member | J Scott |
| Representation | A Fitzgibbon ; P Muir |
| Location | Auckland |
| Parties | Dark and Anor v Williams & Kettle Fruitfed Supplies and Anor |
| Other Parties | Williams & Kettle Fruitfed Supplies, Dark |
| Summary | INTERIM INJUNCTION - Mareva injunction - Applicant administrator of ex-employees estate - Claim for non-payment of death benefit - Counterclaim by respondent seeking $2.3 million for breach of fidelity and good faith by deceased - Alleged real risk of disposition of assets of deceased - No real risk that applicant would take steps to dispose of assets to render estate judgment proof - No grounds for mareva injunction - Authority had jurisdiction to order mareva injunction |
| Result | Application dismissed ; No order for costs |
| Statutes | ERA s4 |
| Cases Cited | McAlister & Anor v Cayman Holdings Ltd unreported, A Dumbleton, 5 December 2002, AA 352/02 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |