Kim v Bai

[2004] NZCA 140

IN THE COURT OF APPEAL OF NEW ZEALAND

CA134/04

BETWEENPOK YEO KIM

First Appellant

ANDINTERNATIONAL COLLEGE OF LINGUISTICS

Second Appellant

ANDDAI HYUNG BAI

Respondent

Hearing:7 July 2004

Coram:McGrath J
Hammond J
O'Regan J

Appearances:  D J O'Connor and Ms S Denny for Appellants (by telephone)

Judgment:8 July 2004 

JUDGMENT OF THE COURT DELIVERED BY HAMMOND J

[1]       The appellants appeal, as a matter of urgency, against a decision of Harrison J on 5 July 2004 that an (ex parte) application for a mareva injunction is to be served.  The Judge, in declining to deal with the matter ex parte, directed that it be listed for hearing on 8 July 2004 in the duty judge list at Auckland.

[2]       We accept for the purposes of this appeal that this Court has jurisdiction to entertain the appeal under s66 of the Judicature Act 1908.

[3]       In the circumstances of this case, we are not disposed to interfere with the direction given by the High Court Judge, let alone to make the actual orders sought, for these reasons:

·     The appellants are seeking an inappropriately broad and general restraint;

·     Further consideration is needed as to the parties, and the case for relief against some third parties may be problematic;

·     The assets at risk until a notice hearing are not extensive in that the cash reserves are already severely depleted, and it is unlikely that real estate can be disposed of in a short time frame;

·     There would be distinct difficulties in settling appropriate orders in this Court;

·     From a temporal viewpoint, the interests of the parties would be better served by the course directed by the Judge.

[4]       This matter came within the sound judgment of the High Court Judge.  It has not been shown he was plainly wrong.  The appeal is dismissed.

Solicitors:

Y T Choi Lawyers, Auckland for Appellants