Commissioner of Police v French

[2020] NZHC 2783

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-000471

[2020] NZHC 2783

BETWEEN

COMMISSIONER OF POLICE

Applicant

AND

DANIEL GARY FRENCH

Second Respondent

AND

GARY ANGUS FRENCH

First Interested Party

AND

BANK OF NEW ZEALAND

Second Interested Party

AND

OTHERS

Respondents and Interested Parties

Hearing:	On the papers
Counsel:	K South for the Applicant
Judgment:	22 October 2020

JUDGMENT OF NATION J

[1]                 The Court previously made a restraining order as to a property at 14 Frasers Road, Sheffield, Canterbury because of the second respondent’s interest in that property.

[2]                 Through counsel, the Commissioner now advises, before that restraining order was made, there was a mortgagee sale of the property. There was insufficient equity achieved through the sale to clear the balance of the mortgage.

POLICE v FRENCH [2020] NZHC 2783 [22 October 2020]

[3]                 The Commissioner accordingly asks for that property to be released from the restraining order. This is appropriate.

[4]                 I now make an order in terms of the draft order filed with the High Court on 20 October 2020.

Solicitors:

Crown Solicitor’s Office, Christchurch