RTP Holdings P/L & Anor v Roberts & Ors (No 2) No. Scgrg-00-838

In the case of RTP Holdings P/L & Anor v Roberts & Ors (No 2) No. Scgrg-00-838, the applicants sought Mareva injunctions to prevent the dissipation of assets by the defendants. The applicants, related companies, brought an action against the defendants, including the directors and shareholders of the companies, and a company controlled by the directors. The action was instigated by four other directors and shareholders of the plaintiffs. The plaintiffs claimed that there was a serious question to be tried regarding the ownership and sale of a timber milling machine, as well as the proceeds of its sale.

The legal issues in this case revolved around the requirements for granting a Mareva injunction. The applicants needed to demonstrate that a cause of action existed, there was a serious question to be tried, and there was a risk that the defendants would remove or dissipate their assets, potentially leaving the judgment unsatisfied. The court examined the evidence provided by the parties to determine if these criteria were met.

In delivering the judgment, Lander J concluded that there was insufficient evidence to establish a risk of asset removal or dissipation by the defendants. The court found that the defendants had little or no assets, and the third defendant had no assets apart from the unpaid moneys due on the sale of the timber milling machine. The plaintiffs' unhurried progress in bringing the application further indicated that there was no urgent need for the injunctions. Consequently, the application for Mareva injunctions was dismissed.

No further orders were made in this case.