Blundell Concrete Limited v Haronga

[2016] NZHC 401

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-398 [2016] NZHC 401

BETWEEN

BLUNDELL CONCRETE LIMITED

First Plaintiff

BLUNDELL CONCRETE PRODUCTS LIMITED

Second Plaintiff

AND

GEORGINA HOTUROA HARONGA Defendant

Hearing:	On the papers
Counsel:	N S Tabb for plaintiffs
Judgment:	10 March 2016

JUDGMENT OF PALMER J

This judgment was delivered by me on 10 March 2016 at 12 noon, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           N Tabb, Auckland

Blundell Concrete Limited v Haronga [2016] NZHC 401 [10 March 2016]

Summary

[1]      I grant freezing orders sought by the plaintiff against the defendant’s two

bank accounts, without notice to her.

Applications

[2]      The plaintiffs have applied for a freezing order against two of the defendant’s

bank accounts, without notice to her.

[3]      The  defendant  was  employed  by the  first  plaintiff  from August  2014  to February 2016.  The plaintiffs say that, between 2 June 2015 and 29 January 2016, the defendant used her access to the plaintiffs’ bank accounts and credit cards to transfer some $179,026.84 into her own bank accounts and to debit $54,481.60 from company credit cards for non-company related purposes.  The source documents and the results of an accountant’s investigation are before me by way of affidavit.

[4]      I am satisfied that:

(a)       the plaintiffs have a good arguable case against the defendant;

(b)      the defendant has assets in New Zealand in the two bank accounts;

(c)       there is a real risk the defendant will dissipate the remaining funds if she is put on notice of the application; and

(d)the balance of convenience and overall justice of the case is in favour of the applications being granted.

Orders

[5]      Under r 32.2 of the High Court Rules, I grant the application for a freezing order and the application dispensing with prior service of the application on the defendant.

[6]      I reserve leave for the defendant to apply to have the freezing order lifted on

2 days notice.

[7]      I direct that the matter be listed in the duty judge list in the week of 14 March

2016 for consideration of progress with this matter and of the plaintiffs’ additional

application for an order that the defendant disclose assets and liabilities and assets purchased or amounts transferred over the past 12 months.

Palmer J