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Shaw v Narain - [1992] 2 NZLR 544


Court of Appeal Wellington
12, 13 February 1992
Cooke P, Richardson and Gault JJ
Injunction — Mareva injunction — Matrimonial property — Third party's rights — Wife claiming that husband had disposed of matrimonial property to third party to finance purchase of land — Wife obtained ex parte Mareva injunction restraining third party from disposing of proceeds of sale of part of land — Third party obtained discharge — Wife appealed — Wife had no proprietary interest in the land but claimed interest in personam under s 44 of the Matrimonial Property Act 1976 - Whether Mareva injunction could be made against non-party to proceeding — Whether wife had arguable case for relief — Whether injunction should be discharged — Matrimonial Property Act 1976, s 44.

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