Settlers Honey Ltd v First Honey NZ Ltd

[2021] NZHC 1151

IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKAORIORI ROHE

CIV-2021-435-007

[2021] NZHC 1151

BETWEEN

SETTLERS HONEY LTD

Applicant

AND

FIRST HONEY NZ LTD

Respondent

Hearing:

21 May 2021

Counsel:

N J Jessen

S J Iorns for the Respondent

Oral Judgment:

21 May 2021

ORAL RESULTS JUDGMENT OF CULL J

[1]        First Honey NZ Ltd (First Honey NZ) applies to discharge a freezing order made by Campbell J over two of First Honey NZ's bank accounts on 14 May 2021. It also applies to discharge ancillary orders for disclosure of information, namely bank statements relating to the two bank accounts over which the freezing order is placed.

[2]        The matter has come before me as Duty Judge on the question of whether the freezing order should be continued or lapse. First Honey NZ has applied for both those discharges.

[3]        I am satisfied that the freezing order should lapse. The reasons for my decision will be provided in a separate judgment. I record that I have asked Mr Iorns to provide an undertaking from the respondent’s sister company, Kohiti Ltd, that it would provide security to meet any unmet claim by Settlers Honey Ltd if successful.1 I am grateful

1      I directed Mr Iorns to provide an undertaking from the directors of Kohiti Ltd as they agreed. I am inserting this into my results judgment.

SETTLERS HONEY LTD v FIRST HONEY NZ LTD [2021] NZHC 1151 [21 May 2021]

to Counsel for their submissions today. I am also satisfied that the ancillary orders for disclosure of the bank statements relating to First Honey NZ's bank accounts should in the first instance be stayed. I am prepared to hear from Counsel further as to whether they can be discharged. In the circumstances I do not consider the basis for the ancillary orders, given that I am discharging the freezing orders, should continue but I am happy to receive submissions on that.

[4]        Costs are payable on First Honey NZ's application. I am going to reserve costs with memoranda to follow and I direct that memoranda from First Honey NZ should be filed within five working days of the reasons decision. Settlers Honey Ltd is to file a response within three working days of receipt of the respondent’s memoranda. Memoranda are not to exceed ten pages.

[5]        Leave is reserved to Counsel to file memoranda on whether the ancillary orders can be discharged by this Court and bring any application for the timetabling of the substantive claim.

Cull J

Solicitors:

Cooper Rapley Lawyers, Palmerston North for the Applicant Upper Hutt Law Ltd, Upper Hutt for the Respondent