Motor Vehicle Dealers Institute Inc v UDC Finance (1991) Ltd - [1994] 1 NZLR 659

Practice and procedure — Judgments and orders — Charging order nisi — Application to set aside — Appeal — Whether bare trustee has interest in property which can be charged — Motor Vehicle Dealers Fidelity Guarantee fund — Motor Vehicle Dealers Act 1975, ss 30, 33, 34, 39 and 43.

Practice and procedure — Judgments and orders — Charging order nisi — Whether necessary to establish prejudice as a prerequisite to setting aside order — High Court Rules, RR 264, 570 and 579.

Practice and procedure — Appeals to Court of Appeal — Whether matters not argued in Court below may be raised on appeal.

Trusts and trustees — Bare trustee — Nature of trustees interests in property — Whether such interests can be charged.