Qu v Zeng

[2018] NZHC 1300

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2015-404-2256

[2018] NZHC 1300

BETWEEN

JIAN JUN QU

First Plaintiff

JIAN PING WANG
Second Plaintiff

J M BUILDING MATERIALS COMPANY LIMITED

Fourth Plaintiff

FORMODA REAL ESTATE DEVELOPMENT COMPANY LIMITED
Fifth Plaintiff

AND

JUN ZENG

First Defendant

J & H DEVELOPMENT LIMITED

Second Defendant

Hearing:	6 October 2017 and further affidavit evidence and submissions filed up to 3 November 2017
Appearances:	G Blanchard QC and C Jiang for the Plaintiffs A Manuson and E Hong for the Defendants
Judgment:	5 June 2018

JUDGMENT OF WOODHOUSE J

(Result)

This judgment was delivered by me on 5 June 2018 at 3:00 p.m. pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

QU v ZENG [2018] NZHC 1300 [5 June 2018]

[1]        I have concluded that both defendants are in contempt of court for breach of the order requiring them to file affidavits of assets.

[2]        I have further concluded that the first defendant is in breach of the orders in respect of four of the remaining six breaches alleged by the plaintiffs, namely:

(a)Using his mother’s bank account to dispose of funds.

(b)Transfer of ownership of the Porsche car.

(c)Transfer of funds to and from China, save for the NZD 12,629.70 on 27 July 2017.

(d)Pawning the Hublot watch.

[3]        The penalty to be imposed on the first defendant is a sentence of community work.

[4]        The defendants are to pay indemnity costs to the plaintiffs. This order will be subject to directions contained in the substantive judgment recording my reasons.

[5]        Section 31 of the Sentencing Act 2002 requires that a Court must give reasons in open court for the imposition of a sentence, although the reasons may be given with whatever level of particularity is appropriate to the particular case. Because of this legal requirement the formal sentence, with brief reasons, will be given in court at 9:00 am on Wednesday, 13 June 2018. I direct that Mr Zeng attend.

[6]        Full reasons in writing for my judgment, including the sentence, will be delivered to counsel at the hearing.

Woodhouse J

Solicitors / Counsel:

Mr G Blanchard QC, Barrister, Auckland

Mr P McKendrick and Ms C Jiang (plaintiffs’ instructing solicitors), Glaister Ennor, Solicitors, Auckland

Ms A Manuson, Mrs R Reed and Ms E Hong, Prestige Lawyers Ltd, Auckland