09 352 2040
021 632 066

bret@gustafson.co.nz

Urgent Assistance - Injunctions

 

 

Introduction

In the last twenty years I have prepared a number of injunctions to freeze or seize assets, argued applications to stop mortgagee sales, seize evidence from defendants before it could be destroyed and arrested absconding debtors and vessels.

This experience allows me to know what to do and how to do it immediately to protect my client. I also have extensive precedents.

This allows me to prepare and file most injunction applications for  considerably less  cost than most major law firms or commercial barristers.

If I can utilise experienced instructing solicitors then turn around will be equivalent to, or faster than, instructing one of top tier firms in  New Zealand directly.

 

Injunction Applications brought and defended

 PC Direct Ltd v Best Buy Ltd [1997] 2 NZLR 723; (1997)

injunction application to prevent comparative advertising was defeated by my client.

 Mosby v AGC Corporation(NZ) LTD (1995) ANZ ConvR 471 (HC)

Injunction to prevent mortgagee sale was bought but not successful.

 

Agio Trustees Company Ltd v Harts Contributory Mortgages Nominee Company Ltd

I defeated  an application for an injunction to defeat a mortgagee sale 

Pacific Ferries Ltd v ARTNL Harbour Berths Ltd (No 2) 16/2/06, Nicholson J, HC Auckland CIV-2004-404-4095 

Removal of an exparte mandatory injunction initially obtained by non disclosure of relevant facts.

Argent Networks v Jones 17 July 2007 High Court, Auckland Venning J CIV-2007-404-2944 

This case involved ex parte orders to seize computers and restrain competition by a new  company allegedly established by former directors and shareholders of the plaintiff (my client). 

BDM Grange v Parker, Frostbland [2006] 1 NZLR 256

I represented Frostbland in this application for interim orders preventing Frostbland and its New Zealand subsidiary from competing with the plaintiff pending trial.

 BDM alleged Parker negotiated employment and shareholding with the third defendant Frostbland and obtained a significant BDM Grange client for Frostbland while owing duties to BDM.

StockCo v Tawhiti- Ariki Limited, (CIV2009-404-3413, 9 June 2010, Harrison J)

My Client sought and obtained interim freezing orders to prevent distribution of assets that my client had a perfected security interest in. The defendants were third parties that had entered into agreements with my client’s debtor that gave those third parties interim possession of the stock subsequently sold by the third parties. Orders were also obtained as to disclosure of details of the defendants assets and recent payments from accounts of three different financial institutions.

Bushetts Transport v Lowes & Ors (CIV-2011-485-131, 25 February 2011, MillerJ)

This was an action bought against the defendants by the plaintiff alleging breach of a contractual restraint and misuse of confidential information. The proceedings commenced with a successful injunction application before Miller J.

 

Sovereign Yachts (NZ) Limited v Hanover Group Holdings Limited CIV-2007-404-491 Lang J successfully prevented the removal of receivers appointed to sell super yacht.