Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
ATTACHMENT OF ASSETS
1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a Court official, sheriff or marshall?
The New Zealand Court system adduces a number of judicial measures that enable plaintiffs to obtain provisional relief against debtors by enabling the plaintiff to attach a debtor’s property both before and after judgment.
A. Preservation orders
Rule 331 of the High Court Rules 1985 empowers a Court in any proceeding to make an order detaining, placing into custody, or preserving any property. A preservation order is limited to preserving the property, or fund, that comprises the subject matter of proceeding. The purpose of the order is to ensure that the proceeding is not rendered nugatory through the loss of part, or all, of the disputed property before the hearing of the substantive claim. In Helicarr Helicoptours Ltd. v. Watts, it was held that it had jurisdiction to make a preservation order whenever there is a dispute about property. The Court can also order that the fund be paid into Court, or is otherwise secured.
A preservation order should not be used to attach property of the defendant that does not comprise the subject matter of the current
Campbell A.J. Clark and Darise L. Bennington, Bell Gully