Solicitor-General v Botica HC Hamilton CIV 2006 419 530

[2007] NZHC 2121

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV 2006 419 530

IN THE MATTER OF     the Proceeds of Crime Act 1991

BETWEEN  THE SOLICITOR-GENERAL Applicant

ANDMICHAEL WILLIAM BOTICA Respondent

AND  TSB BANK LIMITED Third Party

Hearing:         19 September 2007

Counsel:         J Mackie for Applicant

RAA Weir for Respondent
No appearance for third party

Judgment:      19 September 2007

JUDGMENT OF RONALD YOUNG J

[1]      In   these   proceedings,   the   Solicitor-General   had   obtained   an   interim restraining order alleging the property owned by Mr Botica was tainted.  The matter has now been heard.  An application to the District Court for a forfeiture has now been heard and the decision given was that no forfeiture order should be made.

[2]      The Crown now accepts, as it must, that there is no basis for any continuing restraining order.  In those circumstances the restraining order will be discharged.

[3]      The immediate issue with respect to which this matter came before the Court related  to  an  application  for  an  order  that  counsel’s  fees  and  disbursements  be secured against the restrained property, but now that property is no longer restrained

there is no need for any such order.

THE SOLICITOR-GENERAL V MICHAEL WILLIAM BOTICA HC HAM CIV 2006 419 530  19 September

2007

[4]      Costs in favour of the respondent on a 2B basis to be  approved  by the

Registrar.

“Ronald Young J”