Grant v Bhana

Case [2015] NZHC 2596


IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV-2014-463-169 [2015] NZHC 2596

BETWEEN

DAMIEN GRANT AND STEVEN KHOV

AS LIQUIDATORS OF RANOLF COMPANY LTD (IN LIQUIDATION) Applicants

AND

STEPHEN BHANA First Respondent

JASU MATI BHANA Second Respondent

Hearing: 21 October 2015

Counsel:

B J Norling and A Cherkashina for Applicants
No appearance by or on behalf of the Respondents

Judgment:

21 October 2015

JUDGMENT OF BREWER J

Solicitors:           Waterstone Insolvency (Auckland) for Applicants

(Copy to Respondents in person)

GRANT AND KHOV AS LIQUIDATORS OF RANOLF COMPANY LTD (IN LIQUIDATION) v BHANA [2015] NZHC 2596 [21 October 2015]

[1]      The  applicants  are  liquidators  of  Ranolf  Company  Ltd.     Mr Bhana  is described as the person who has had effective control over that company at material times.  Ms Bhana, the second respondent, is described as a director of the company.

[2]      I am satisfied from the affidavits which have been filed by the applicants that Mr Bhana and Ms Bhana have deliberately frustrated the liquidation process.   In particular,  and of relevance for this  application, they have persistently failed to produce to the applicants the books, records and documents relating to the company and to an associated trust, the Ranolf Trust.

[3]      On 13 October 2014, the applicants filed an originating application for orders to compel the respondents to produce the relevant documents and to provide the applicants with relevant information as to the identities of current and past trustees of the Ranolf Trust and details of the assets of the Ranolf Trust.

[4]      The  respondents  took  no  steps.     Accordingly,  on  25 November  2014, Woolford J  made  the  orders  sought  and  these  were  sealed  and  served  on  the respondents.  Mr Bhana was served on 18 December 2014 and Ms Bhana was served on 22 December 2014.   An explanatory memorandum was served on them at the same time.  I attach a copy of the orders of Woolford J to this judgment for the sake of completeness.

[5]      I am  satisfied  on  the  subsequent  affidavits  that  have  been  filed  that  the respondents have taken no steps to comply with the orders of the Court.   I am satisfied also that the applicants have made all reasonable attempts to convince the respondents to comply with the orders of the Court.

[6]      On  16 July  2015,  the  applicants  applied  on  notice  for  orders  that  the respondents be held in contempt of Court, fined, and imprisoned unless they comply with  the  orders  of  the  Court.    That  application  was  served  on  Ms Bhana  on

26 September 2015 and on Mr Bhana on 29 September 2015.  Contemporaneously, a

copy  of  the  affidavit  of  Mr Jones  sworn  on  15 July  2015  in  support  of  the interlocutory application was served also.1

[7]      There has been no appearance today by or on behalf of the respondents.

[8]      In reliance on the affidavits filed by the applicants, I am satisfied beyond reasonable doubt that the respondents are in contempt of Court.  That is to say, they have  deliberately  disobeyed  the  orders  of  the  Court  made…

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Grant v Bhana [2015] NZHC 2596
Case
[2015] NZHC 2596
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CaseChat Overview and Summary

The High Court of New Zealand heard a case involving Damien Grant and Steven Khov, liquidators of Ranolf Company Ltd, who sought orders against Stephen Bhana and Jasu Mati Bhana, respondents who had control over the company and an associated trust. The liquidators sought orders to compel the respondents to provide documentation and information regarding the Ranolf Trust. The initial application was filed on 13 October 2014, and on 25 November 2014, Woolford J granted the orders sought. Despite these orders, the respondents failed to comply, prompting the liquidators to file an application on 16 July 2015 seeking that the respondents be held in contempt of court and punished accordingly.

The legal issues before the court were whether the respondents had deliberately frustrated the liquidation process and whether the court should impose penalties for contempt. The court found that the respondents had indeed deliberately disobeyed the court’s orders, leading to a finding of contempt. The court acknowledged that merely declaring the respondents in contempt was insufficient and that a penalty must be imposed to uphold the rule of law and maintain public confidence in the administration of justice.

The court decided not to immediately determine the penalty but instead issued an order to arrest the respondents, requiring them to appear before the court on 5 November 2015. The court allowed the respondents the opportunity to file affidavits attesting to their compliance with the prior court orders. If such affidavits were filed by 2:15 pm on 2 November 2015, the respondents could request the arrest order be varied or revoked. If the respondents failed to file affidavits or if the arrest order was executed, a date would be set for a penalty hearing. The liquidators were also directed to serve a copy of the judgment on the respondents and to file a memorandum of their costs. The court awarded the liquidators costs on an actual and reasonable basis.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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