Hansa Limited (in liquidation) v Hibbs

[2017] NZHC 273

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-001214 [2017] NZHC 273

BETWEEN

HANSA LIMITED (IN LIQUIDATION)

First Plaintiff

DAMIEN GRANT AND STEVEN KHOV AS LIQUIDATORS OF HANSA LIMITED (IN LIQUIDATION)

Second Plaintiffs

AND

PAUL CLIFFORD HIBBS First Defendant

CAMERON GLADSTONE INVESTMENTS LIMITED Second Defendant

HALDON RANGE VINEYARDS LIMITED

Third Defendant

CONTAINERS DIRECT LEASING LIMITED

Fourth Defendant

Hearing:	27 February 2017
Appearances:	P Smyth for Plaintiffs No Appearance for Defendants
Judgment:	27 February 2017

ORAL JUDGMENT OF GENDALL J

[1]      On 15 December 2016 a freezing order was made in this proceeding in this Court.  Before me today Mr Smyth has requested that this freezing order, originally made on a temporary basis, be effectively extended.   Para 8 of the freezing order

indicated that it was to have a limited effect.

HANSA LIMITED (IN LIQUIDATION) v HIBBS [2017] NZHC 273 [27 February 2017]

[2]      There is no opposition before me to the application to extend the freezing order at this point.   I understand from counsel that there is a suggestion the first defendant also does not oppose the extension of the order sought.

[3]      That said, and in all the circumstances here, I am satisfied that an extension of this freezing order is appropriate.  An order is now made, therefore, extending the freezing order made on 15 December 2016 until 1 July 2017 or such further date as this Court may direct.  That said, the provisions of para 8 of the freezing order are now to read as follows:

8.        As the freezing order has been made without notice to you it will have no effect after 1 July 2017 unless on that date or at some time before or after that date it is continued or renewed.  On that date you or your counsel are entitled to be heard by the Court in opposition to the continuation or renewal of the order.

[4]      A  copy  of  this  decision  is  to  be  made  available  to  all  parties  in  this proceeding.

[5]      So far as the substantive proceeding before the Court is concerned, judgment by default has been given against the second defendant and sealed on 20 February

2017.  The substantive proceeding itself is now to be the subject of a call in the list on 27 March 2017 to consider a way forward with respect to the proceeding against the remaining defendants.

[6]      Leave is reserved for any party to approach the Court further on 48 hours’

notice if additional directions may be required in the meantime.

...................................................

Gendall J

Solicitors:

Norling Law Limited, Auckland

Copy to All Parties