Westpac New Zealand Ltd v David Theunissen Limited

[2012] NZHC 2558

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV 2012-470-723 [2012] NZHC 2558

BETWEEN  WESTPAC NEW ZEALAND LTD Plaintiff

ANDDAVID THEUNISSEN LIMITED First Defendant

ANDDAVID PAUL THEUNISSEN AND BENJAMIN PAUL THEUNISSEN Second Defendants

Hearing:         3 October 2012

Counsel:         E C Gellert for Plaintiff

D Theunissen, First Defendant, in person

Judgment:      3 October 2012

(ORAL) JUDGMENT OF HEATH J

Solicitors:

Simpson Grierson, Private Bag 92518, Auckland
Copy to:

Mr D Theunissen

WESTPAC NEW ZEALAND LTD V DAVID THEUNISSEN LIMITED HC TAU CIV 2012-470-723 [3 October

2012]

[1]      On 25 September 2012, I issued an arrest order[1]  as a result of evidence that Mr David Theunissen had breached the terms of an interim injunction that had been served on him.

[1] Westpac New Zealand ltd v David Theunissen Ltd [2012] NZHC 2486

[2]      The arrest order has now been executed.  Mr Theunissen, when he became aware of it, voluntarily attended at the Hamilton Police Station.   He has been in custody since last Saturday, 29 September 2012.

[3]      Initially, Mr Theunissen indicated to me that he had not been served a copy of the Court order granting the injunction.   He acknowledges, however, that Mr Armitage, the witness who indicated that the order had been served, had provided him with a number of documents relating to the proposed mortgagee sale and he did not read them.

[4]      I am satisfied that Mr Theunissen now understands the seriousness of the situation in which he finds himself and I intend to discharge the arrest order today and Mr Theunissen will then go free.   He will, however, be transported back to Waikeria Prison by the authorities today and will be discharged from that location later today. The time he has already spent in custody adequately marks his conduct.

[5]      Mr Theunissen has undertaken to the Court that he will provide a mobile telephone number to Ms Gellert, who appears for Westpac New Zealand Ltd today, so that an arrangement can be made for him to meet with a senior representative of Westpac at a meeting room at the High Court at Hamilton to go through the allegations of what has been removed from the property and to ascertain what can be returned.  Further, subject to an attendance at the Matamata property to collect some plants that are not fixtures, Mr Theunissen undertakes not to attend at the property in issue again while the mortgagee sale proceedings are being undertaken.

[6]      On that basis, the arrest order is discharged and Mr Theunissen is released.

P R Heath J