Kea Investments Limited v Kenneth David Wikeley, Wikeley Family Trustee Limited (in interm liquidation), Eric John Watson, Wikeley Incorporated and USA Asset Holdings Incorporated - SC 127/2024

A    Kea Investments Ltd’s application for leave to appeal is granted (Wikeley v Kea Investments Ltd [2024] NZCA 609, [2024] 3 NZLR 901).
B    The approved question is whether the Court of Appeal was correct to discharge the permanent anti-suit and anti-enforcement injunctions awarded to Kea Investments Ltd in the High Court.
C    Counsel to assist the Court will be appointed by the Registrar.
D    The applications to adduce further evidence are dismissed.
E    The application to extend the stay in Wikeley v Kea Investments Ltd [2024] NZCA 686, (2024) 26 PRNZ 667 is granted pending determination of the appeal. 
 4 July 2025
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A The application for adjournment is dismissed.
B Costs are reserved.                                                                                
30 September 2025
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A The appeal from the decision of the Court of Appeal in Wikeley v Kea Investments Ltd [2024] NZCA 609, [2024] 3 NZLR 901 is allowed.
B The orders made by the High Court in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3260 at [156(a)(i) - (iv)], and in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3532 at [7], are reinstated.
C Costs are reserved. 
10 November 2025
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A The application by the appellant to adduce updating evidence is granted.
B The appeal is allowed.
C The orders made by the High Court in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3260 at [156(a)(i)]–[156(a)(iv)], and in Kea Investments Ltd v Wikeley Family Trustee Ltd (in interim liq) [2023] NZHC 3532 at [7], are reinstated.
D The first, second, fourth and fifth respondents must pay the appellant costs of $250,000 plus usual disbursements. We allow for second counsel.
E The first respondent must pay the liquidators of the second respondent costs of $30,000 plus usual disbursements. We allow for second counsel.
F The confidential version of the affidavit of Martin Craig Smith filed in support of the appellant’s costs application shall not be disclosed to the Respondents or persons searching the Court file.
G The application for stay of enforcement is dismissed.   
31 July 2026