Crown Solicitor v O'Neill
[2012] NZHC 1824
•25 July 2012
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2012-404-3687 [2012] NZHC 1824
UNDER the Criminal Proceeds (Recovery) Act 2009
BETWEEN CROWN SOLICITOR AT AUCKLAND Applicant
ANDSHARON CLAIRE O'NEILL Respondent
Hearing: 25 July 2012
Appearances: M Harborow for the Applicant
Respondent in person
Judgment: 25 July 2012
(ORAL) JUDGMENT OF THE HON JUSTICE KÓS
Solicitors / Parties:
Mr M Harborow, Meredith Connell, Office of the Crown Solicitor, Auckland
Ms S C O’Neill, Auckland
CROWN SOLICITOR V O'NEILL HC AK CIV-2012-404-3687 [25 July 2012]
[1] The Crown has applied on notice for restraining orders as follow:
(a) The following property (Property) is not to be disposed of or otherwise dealt with other than as is provided for in these orders and is to be in the Official Assignee’s custody and control:
(i) All interests in the property located at 203 Godley Road, Titirangi, Auckland, described in certificate of title NA16B/67 other than the interest of the Bank of New Zealand under mortgage 8262120.3 (Godley Road);
(ii) The proceeds of the sale of the property located at 23
Beaubank Road, Kelston, Auckland.
(b) In the event that repayments on the loan secured by the mortgage over Godley Road falls into more than two months arrears, the Official Assignee may sell Godley Road without further order of the Court. If this occurs, following the repayment of the mortgagee and payment of the Official Assignee’s reasonable costs in effecting the sale, the Official Assignee shall hold the proceeds of sale pending further order of this court.
(c) In respect of the mortgage over Godley Road, the respondent may not make any further draw downs so as to increase amount currently outstanding under the loan secured by the mortgage.
[2] Ms O’Neill appears today in person. She does not oppose the making of these orders. She understands that these orders hold the position only. They do not effect a forfeiture.
[3] Accordingly, orders as sought are made.
Stephen Kós J
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