Powernet Limited v Arthur

[2022] NZHC 1249

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-425-11

[2022] NZHC 1249

BETWEEN

POWERNET LIMITED

Plaintiff

AND

JOSHUA GRANT ARTHUR

First Defendant

AND

APPLIED INTELLIGENCE LIMITED

Second Defendant

Appearances:

A D G Hitchcock for Plaintiff

W N Dawkins (not as counsel but to assist) First Defendant and Second Defendant

Judgment:

31 May 2022

(Determined on the papers)

[REDACTED] JUDGMENT OF OSBORNE J

POWERNET LIMITED v ARTHUR [2022] NZHC 1249 [31 May 2022]

[1]                 The file in relation to this proceeding was initially referred to me as Duty Judge in relation to the on notice determination of the plaintiff’s freezing order application.

[2]                 The Court had made a freezing order on a without notice basis on 8 March 2022.1 In that judgment, Dunningham J directed service of the application upon the defendants promptly.

[3]                 The application and other relevant documents were served on the first and second defendants on 12 March 2022.

[4]                 The first and second defendants subsequently provided an admission by the first and second defendants of the plaintiffs’ claim in this proceeding. On 27 May 2022 judgment was entered for the plaintiffs on the admission of claim.2

[5]                 In the meantime, on 5 May 2022, I made a freezing order on notice (the Judgment).3

[6]By error, the annexure to the Judgment was not the annexure intended.

[7]                 In giving the Judgment, I was satisfied the plaintiff was entitled to have the freezing order previously made (under r 32.2 High Court Rules) on a without notice basis made on a notice basis. I was also satisfied having regard to an updating affidavit of David Seath dated 21 April 2022 that the further assets and additional details identified by him relate to assets to which the order can apply and meet the requirements for the making of a freezing order under r 32.2.

[8]                 In these circumstances the judgment of 5 May 2022 is to be recalled and the appropriate orders made.

Order

[9]I order:

1      Powernet Ltd v Arthur [2022] NZHC 395.

2      Powernet Ltd v Arthur [2022] NZHC 1221.

3      Powernet Ltd v Arthur [2022] NZHC 939.

(a)the judgment of this Court dated 5 May 2022 ([2022] NZHC 939) is recalled;

(b)in place of the said judgment, there is a freezing order to restrain the first and second defendants from removing the assets from New Zealand or from disposing of, dealing with, or diminishing the value of the assets, as set out in Annexure A hereto; and

(c)the costs and disbursements of the interlocutory application and of this order are to be, to the extent not dealt with in the Court’s judgment dated 27 May 2022 ([2022] NZHC 1221) are reserved.

Osborne J

Solicitors:
AWS Legal, Invercargill

Copy to:

Bill Dawkins Law, Invercargill

Schedule of Assets

Motor Vehicles and Chatteis

Rlght Flat Deck Trailer	Numbet	Owner	velue
Anhur
ANbu			t00,000.Q0	N/A
JosDu$Gra,I Arthur			$25,000.00	QA
Motor Finance Trustees

Joshua Grant Anhu	$19,000.00	N/A
JoshueGra** Añhu	$1,P0000	NlA
Unknown
$140 000 00
$45,000.00
2002 Boat Trailer
5 7 Onboard null
Registration Arthur a recent	N/A
1008 Mitsubish Galant Salooon		N/A
Unknown	Unknown
85 R* t4C"
‘' 1 Commercial Tyre		Undefined
Undefined	Purchaggd fgr 10/02/2022	N/A
C12N24-3		Undefnad	Purcnasedlor	NBA

Bank Accounts

All bank accounts held in the name of Joshua Grant Arthur owned solely or jointly with any person including but not limited to account numbers “

) and KiwiSaver account numbe" All bank accounts held in the name of Applied Intelligence Limited.

Bank account numbet                  ' as se[ out in thE' affidavit of David Goodyesf