High Court Wellington
30 September 1993
Barker ACJ
30 September 1993
Barker ACJ
Injunction — Practice and procedure — Mareva injunction — Ancillary order for defendant to file affidavit — Whether order can be sustained when affidavit will incriminate defendant — Whether position of defendant can be safeguarded by appropriate undertaking from plaintiff and intimations from prosecuting authority — New Zealand Bill of Rights Act 1990, ss 23(4) and 25.
Constitutional law — New Zealand Bill of Rights Act 1990 — Whether defendant can be forced to provide an incriminating affidavit — Whether previous common law altered by Act — Whether right to remain silent and right not to be compelled to be a witness or to confess guilt apply in civil cases — Appropriate safeguards of defendant's position — New Zealand Bill of Rights Act 1990, ss 23(4) and 25.
Loading... Please wait...
