| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 144A/08 |
| Hearing date | 23 May 2008 |
| Determination date | 27 May 2008 |
| Member | A Dumbleton |
| Representation | D Neutze ; P Wicks |
| Location | Auckland |
| Parties | Temperzone Ltd v Joy |
| Summary | PRACTICE AND PROCEDURE - Respondent sought to vary previous orders of Authority - Sought variation of Mareva injunction to enable funds to be released from local bank account for living expenses and legal costs - Applicant sought adjournment of variation application while it waited for witness to arrive in New Zealand - Respondent consented to adjournment but still sought access to some funds - Applicant reluctant to risk dissipation of assets - Authority not satisfied respondent had made full and frank disclosure regarding extent of payments or assets - Large sum of money recently withdrawn from respondent’s overseas accounts - Applicant submitted he should account for that money before injunction lifted - Respondent had access to other means for paying expenses - Premature to vary orders until greater certainty about respondent’s assets - Application for variation adjourned until applicant able to obtain affidavit from witness - Authority to investigate scope of accounts respondent held with local bank and disclose information to parties |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Main Category | Practice & Procedure |
| Statutes | ERA s160 |
| Number of Pages | 6 |
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