First NZ Properties Limited v Barnes [2018] NZHC 2474 (20 September 2018)

Last Updated: 26 September 2018

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY I TE KŌTI MATUA O AOTEAROA WHAKATŪ ROHE

CIV-2018-442-000054 [2018] NZHC 2474

BETWEEN	FIRST NZ PROPERTIES LIMITED First Plaintiff SPRINGS ROAD PROPERTY LIMITED Second Plaintiff SUPERSTORE PROPERTIES LIMITED Third Plaintiff
AND	NEIL ALLAN BARNES Defendant

Hearing:	(On the papers)
Judgment:	20 September 2018

JUDGMENT OF COLLINS J

[1] A without notice application for a freezing order has been made today. It has been presented to me as Duty Judge.

[2] I am satisfied there are sufficient grounds for issuing a freezing order. There is a “good arguable” case and the balance of convenience justifies the granting of a freezing order.

[3] There are also sound reasons for the application being made without notice. Putting the defendant on notice would generate a risk of dissipation of the funds and the assets that are sought to be frozen.

FIRST NZ PROPERTIES LIMITED v BARNES [2018] NZHC 2474 [20 September 2018]

[4] The freezing order will expire on 20 October 2018 unless extended by further order of this Court.

[5] It is appropriate for Mr Barnes to be given a reasonable opportunity to challenge the freezing order if he wishes to do so. If Mr Barnes wishes to challenge the freezing order before 20 October 2018 he may do so on five days’ notice.

D B Collins J

Solicitors:

Pitt & Moore, Nelson for Plaintiffs