Ho v Chang

[2017] NZHC 1717

ORDER DISCHARGING INTERIM SUPPRESSION ORDER MADE ON 19

JULY 2017. THIS JUDGMENT MAY BE PUBLISHED ON A PUBLICLY AVAILABLE DATABASE.  ORDER THAT COURT FILE SHALL NOT BE SEARCHED, COPIED OR INSPECTED WITHOUT LEAVE OF A JUDGE ON AN APPLICATION MADE ON NOTICE TO ALL PARTIES AFTER 3

AUGUST 2017.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2017-404-1554 [2017] NZHC 1717

BETWEEN

HENRY HO

Plaintiff

AND

GARY KUO MIN CHANG AND ORS Defendants

Hearing:	(on the papers)
Counsel:	R B Hucker and D van Hout for Plaintiff K Crossland and S Langston for First and Third-Eighth Defendants H Trivedi for Second Defendant No appearance by or on behalf of Ninth-Fourteenth Defendants
Judgment:	24 July 2017

JUDGMENT (NO. 2) OF HEATH J

This judgment was delivered by me on 24 July 2017 at 3.30pm pursuant to

Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:
Hucker & Associates, Auckland
Shieff Angland, Auckland

SJ Lawyers, Auckland

HENRY HO v CHANG AND ORS [2017] NZHC 1717 [24 July 2017]

[1]      In a judgment given on 20 July 2017, I made a series of orders designed to preserve a status quo pending the hearing of an application for an interim injunction on 3 August 2017.1   The orders were made in the context of a dispute about the right to control a company called World TV Ltd.

[2]      One of the orders was intended to ensure that debts owing by World TV Ltd were paid in the period between judgment and the date on which the interim injunction is to be heard. That order was made in these terms:

[27]     For those reasons:

…

(d)       I order that Mr Ho and the current directors nominate a person who, in the absence of agreement between Mr Ho and the current directors as to debts of World TV that must be paid, can determine which debts shall be paid.  This order shall enure until 3 August 2017, and may be reviewed by the presiding Judge on that day.  If agreement were not possible, Mr Ho and the current directors shall each submit a list of three names, from whom I shall appoint one to fulfil that role.

….

[3]      The parties were unable to reach agreement on a person who could make a determination about payment of the debts.   In a Minute issued on 21 July 2017, I appointed Mr Jeffrey Meltzer of Auckland as the decision-maker, for the purposes of that order.

[4]      A further problem has arisen.   Two banks with which World TV Ltd has accounts, Hong Kong and Shanghai Banking Corporation and ANZ Bank Ltd have declined to allow the accounts with those banks to be operated in the absence of a Court order directed to them.  Counsel for both Mr Ho and the relevant defendants have filed a joint memorandum in which they seek an additional order to bind those

non-parties.

1      Ho v Chang [2017] NZHC 1690, at para [27](a)–(d).

[5]      I am satisfied that orders are required to maintain the status quo.  By consent, I order:

(a)      Hong  Kong  and  Shanghai  Banking  Corporation  and  ANZ  Bank Limited be ordered to process all transactions transferring funds from accounts  held  with  those  financial  institutions  in  the name of the ninth-fourteenth defendants where written approval of the transaction or transactions is provided to Hong Kong and Shanghai Banking Corporation or ANZ Bank Limited in either:

(i)A Joint Letter of instruction that is signed by both of Kalev Crossland of Shieff Angland and Robert Hucker of Hucker and Associates; or

(ii)      A  letter  of  instruction  signed  by  Jeff  Meltzer  of  Meltzer

Mason; or

(iii)A letter of instruction signed by the plaintiff and one of any of the third to seventh defendants.

(b)Leave  be  reserved  to  Hong  Kong  Shanghai  Banking  Corporation and/or ANX Bank Limited to apply for directions to vary, set aside or to seek directions in respect of this order.

[6]      I leave it to counsel for the parties to seal the order and to serve it on the two banks. This judgment is not being forwarded to the banks directly.

[7]      Costs reserved.

P R Heath J

Delivered at 3.30pm on 24 July 2017