Face Finance Ltd (in rec) v Lyver HC Auckland CIV-2010-404-2112
[2011] NZHC 1259
•9 September 2011
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2010-404-2112
BETWEEN FACE FINANCE LTD (IN RECEIVERSHIP)
Plaintiff
ANDJAMES WILLIAM LYVER Defendant
Hearing: 9 September 2011 (on papers) Appearances: JMJ Tiang for Plaintiff Judgment: 9 September 2011
ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE
Solicitors:
Grove Darlow & Partners, P O Box2882, Auckland – [email protected] /
FACE FINANCE LTD (IN RECEIVERSHIP) V LYVER HC AK CIV-2010-404-2112 9 September 2011
[1] An application has been made for an order to make an interim charging order final. As a result of the order the plaintiff has a charge over wages, salary and employment benefits payable to the defendant up to the point of termination of his employment with Air New Zealand Limited. The interim charging order was served on the registered office of Air New Zealand on 17 June 2011.
[2] The correct approach to applications of this kind was considered by Associate Judge Gendall in Parker Construction Management NZ (Limited) (in liq) against Horizon Investments Limited[1]. His Honour noted there that applications of this kind are generally only declined where the interim order ought not to be made or possibly where priority would be unfairly conferred over other creditors or the execution process has not been properly completed.
[1] Parker Construction Management NZ (Limited) (in liq) against Horizon Investments Limited, HC Wellington, CIV-2007-485-1963, CIV-2007-485-2104, 20 February 2008.
[3] No such circumstances have been disclosed by the plaintiff and its counsel and solicitors when making the without notice application for an order making the interim charging order final. I consider therefore that this is an appropriate case to make the order and I order accordingly and I make the orders sought in the
interlocutory applications dated 30 August 2011 and 9 September 2011.
J.P. Doogue
Associate Judge
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