Liu v Delamere - [2024] NZHC 3320

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-002164

[2024] NZHC 3320

UNDER the Contempt of Court Act 2019

IN THE MATTER

of an application for orders pursuant to s 16 of the Contempt of Court Act 2019

BETWEEN

YINGHENG LIU (also known as GAVIN LIU)

Applicant

AND

TUARIKI JOHN EDWARD DELAMERE

Respondent

Hearing: 7 November 2024

Appearances:

D B Hickson for Applicant Respondent in person

Judgment:

8 November 2024

JUDGMENT OF VAN BOHEMEN J

[on application for orders for contempt of court]

This judgment was delivered by me on 8 November 2024 at 12 pm pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

……………………………..

Solicitors:
PCW Law Ltd, Auckland Copy to: T Delamere

LIU v DELAMERE [2024] NZHC 3320 [8 November 2024]

[1] Yingheng Liu applies, pursuant to s 16 of the Contempt of Court Act 2019, for orders that John Tuariki Delamere, within seven days of the orders:

(a)comply with orders said to have been made by this Court requiring Mr Delamere to arrange for the payment of funds held in an ANZ Bank term deposit account in the name of TDA Botany Ltd (the TDA Botany Account) to Mr Liu, by transferring the funds to the trust account of Mr Liu’s solicitors, PCW Law Ltd; and

(b)deliver up to PCW Law Ltd the most recent bank statement for the TDA Botany Account recording the moneys held in the account prior to the above transfer.1

[2]Mr Liu also seeks orders that, failing compliance with the above orders:

(a)a warrant be issued committing Mr Delamere to a term of imprisonment not exceeding six months for contempt of court; or

(b)a fine not exceeding $25,000 be imposed against Mr Delamere for contempt of court; or

(c)Mr Delamere be ordered to do community work not exceeding 200 hours for contempt of court.

[3] The orders at [2] above are the maximum penalties that may be imposed under s 16(4)(a) of the Contempt of Court Act.

[4]Mr Delamere opposes the above orders. In particular, he says:2

(a)he is unable to transfer the funds because the TDA Botany Account has been frozen at the direction of Mr Liu;

1 Mr Liu also seeks an order regarding the conditions on which PCW Law Ltd is to hold any funds transferred.
2 Mr Delamere states other grounds in his notice of opposition but those grounds relate to other orders made by the Court and are not relevant to the current application.

(b) because Mr Liu has commenced bankruptcy proceedings against him, it is inappropriate for Mr Liu to attempt to have him found to be in contempt of Court;

(c)he has a reasonable excuse for not having complied with this Court’s orders;

(d)he does not have possession or control of the TDA Botany Account and the Court could not make orders against TDA Botany;

(e)the affidavits filed in support of Mr Liu’s application are legally invalid because they do not comply…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Liu v Delamere

Details

AGLC: Liu v Delamere [2024] NZHC 3320
Case: [2024] NZHC 3320
Decision Date: 8 November 2024

CaseChat Overview and Summary

Yingheng Liu, also known as Gavin Liu, applied for orders against Tuariki John Edward Delamere pursuant to s 16 of the Contempt of Court Act 2019. Liu sought orders that Delamere transfer funds held in a term deposit account in the name of TDA Botany Ltd to Liu, deliver the most recent bank statement for the account, and face penalties for non-compliance, including imprisonment, fines, or community work. Delamere opposed the orders, citing various grounds including the freezing of the account, his initiation of bankruptcy proceedings against Liu, and the invalidity of Liu's affidavits. The court considered the relevant background of the case, including a previous judgment by Lang J that Delamere had breached a Term Deposit Agreement by transferring funds without Liu's consent. Lang J had given Delamere options to restore the account or pay damages but Delamere had not complied. Liu sought to enforce these directions under the Contempt of Court Act. The court found that the direction Liu sought to enforce was not a binding order but rather an option given to Delamere, which Delamere had not accepted. As a result, the court could not be satisfied that the order was binding on Delamere, and thus could not make the sought orders. The court dismissed Liu's application for contempt orders. However, the parties reached an agreement during the hearing, leading to the withdrawal of Delamere's complaint to the New Zealand Law Society. No order was made as to costs.

Orders