Takeovers Act 1993

Investigation and enforcement - Other court orders - Orders to preserve assets to satisfy claims

44N: Interim orders

You could also call this:

"A court can make a temporary decision to help your case before making a final decision."

Illustration for Takeovers Act 1993

You can ask a court for an order to preserve assets under section 44L. The court can give an interim order before making a final decision. This interim order is like the final order, but it only lasts until the court makes its final decision. You do not have to promise to pay damages if the court gives you an interim order. The court must not think about this when deciding whether to give you an interim order. The court decides if it wants to give an interim order based on what it thinks is best. The court has rules to follow when giving interim orders. It must consider what is fair and make a decision. You can get an interim order to help your case, and it will last until the court makes its final decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM326728.

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44M: What orders may be made, or

"Court orders that can control your money and property"


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44O: Relationship with other law, or

"How the Takeovers Act works with other laws"

Part 3Investigation and enforcement
Other court orders: Orders to preserve assets to satisfy claims

44NInterim orders

  1. If an application is made to the court for an order under section 44L, the court may, if in the opinion of the court it is desirable to do so, before considering the application, grant an interim order, being an order of the kind applied for that is expressed to have effect pending the determination of the application.

  2. The court must not require the applicant or any other person, as a condition of granting an interim order under this section, to give an undertaking as to damages.

  3. In determining an application for the grant of an interim order, the court must not take into account that the applicant is not required to give an undertaking as to damages.

Notes
  • Section 44N: inserted, on , by section 24 of the Takeovers Amendment Act 2006 (2006 No 48).