MZ Ventures Ltd v Shah
[2023] NZHC 864
•20 April 2023
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2023-404-627
[2023] NZHC 864
BETWEEN MZ VENTURES LTD
First Applicant
DTB SOLUTIONS LTD
Second ApplicantCHANTILLY ESTATE LTD
Third ApplicantAND
MUBASHIR HUSSAIN SHAH
First Respondent
JENHASH CONTRACTING AND CONSULTANTS LTD
Second Respondent
Judgment:
(On the papers)
20 April 2023
JUDGMENT OF BREWER J
This judgment was delivered by me on 20 April 2023 at 3.30 pm pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Newton Law (Auckland) for Applicants
MZ VENTURES LTD v SHAH [2023] NZHC 864 [20 April 2023]
[1] On 6 April 2023, the applicants applied without notice for freezing orders against funds held in a BNZ bank account in the name of the second respondent. Related orders were also sought.
[2]Affidavits were filed in support.
[3] The application was reviewed by Peters J on 6 April 2023. Her Honour declined to grant the application on a without notice basis and directed service.
[4] I now have a memorandum of counsel for the applicants seeking to revive the without notice application. There is also a without notice application for substituted service. Further affidavits have been filed.
[5] Having read the memorandum and the affidavits, I find, on the balance of probabilities:
(a)The first respondent has left the country.
(b)The respondents have a case to answer that they have fraudulently misapplied money.
(c)The respondents were emailed the Court documents on 10 April 2023 and received them.
[6]Under these circumstances, I make the following orders:
(a)Service was effected on the first and second respondents when the director of the first applicant emailed the required documents to the first and second respondents on 10 April 2023; and
(b)The application for orders filed on 6 April 2023 is granted.
[7] Leave is reserved to any of the parties to apply on notice to vary or rescind these orders.
Brewer J
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