Solicitor-General v Beckham [2016] NZHC 709 (18 April 2016)

Last Updated: 4 May 2016

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2009-404-1226 [2016] NZHC 709

UNDER	the Prodeeds of Crimes Act 1991
IN THE MATTER	of applications pursuant to ss 42 and 47(1) of the Proceeds of Crime Act 1991
BETWEEN	THE SOLICITOR-GENERAL OF NEW ZEALAND Applicant
AND	MAX JOHN BECKHAM First Respondent JENNY MAREE TAYLOR Second Respondent

Hearing:	18 April 2016
Appearances:	K Eastwood for Applicant W McKean for Second Respondent Ms Taylor Mr Beckham in Person
Judgment:	18 April 2016

_{JUDGMENT OF FOGARTY J}

Solicitors:

Crown Solicitor, Auckland

WRMK Lawyers, Whangarei

THE SOLICITOR-GENERAL OF NEW ZEALAND v BECKHAM [2016] NZHC 709 [18 April 2016]

under the Proceeds of Crimes Act 1991, in a decision of this Court delivered by Toogood J delivered on 12 November 2015.¹ It is against Mr Beckham and his wife, the second respondent. There is an earlier discussion that they would sell properties to meet the order.

[2] The Crown has applied in a memorandum dated 10 April 2016, paragraph 8, for an extension of these orders for a further six months or for whatever period the Court deems fit. The Solicitor-General notes the restraining orders expire tomorrow on 19 April.

[3] Mr Beckham at present appears for himself as he is no longer retaining Mr Pilditch. Mr McKean, who appears for Jenny Taylor, the second respondent, argues that the interests of the family trust are adversely affected by six months’ extension. He would prefer a two month extension, however he did not give notice prior to today in response to the Crown position to an application for an extension.

[4] I do note the Crown’s application for an extension is itself late, but there has

been a history of extensions rolled over in the past.

[5] I grant the Crown’s application to extend the orders made by Toogood J for a further six months. I invite the parties to engage in productive discussions. The Crown is now on notice that the willingness of the first and second respondent to allow these proceedings to continue without enforcement orders is at an end and the Crown will, therefore, be on notice that it either reaches a settlement or it will need to make further applications.

[6] After discussion with counsel for the Crown, the Crown has four weeks from today, expiring on Monday 16 May 206 at 4.00 pm to make an application for any further orders. The respondents will have a further four weeks to Monday 13 June

_{2016 at 4.00 pm to file any notices of opposition and affidavits in support.}

¹ Solicitor-General of New Zealand v Beckham [2015] NZHC 2816.

no later than Friday 30 September 2016. The estimate of time is one day.