Wu v The Queen

[2013] NZHC 2162

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-2634 [2013] NZHC 2162

IN THE MATTER             of an application for relief against forfeiture pursuant to s 23 of the Crown Proceedings Act 1950

BETWEEN  DI WU Applicant

ANDTHE QUEEN Respondent

Hearing:                   (On the papers)

Counsel:                  MR Harborow for Respondent

Judgment:                23 August 2013

JUDGMENT OF BREWER J

Solicitors:               Meredith Connell (Auckland) for Respondent

Copy to:                 Di Wu (in person)

DI WU v R [2013] NZHC 2162 [23 August 2013]

[1]      In my judgment dated 26 April 2013, I recorded the process by which two recognisances in the total sum of $200,000 were estreated and the final judgment of the Court permitting the Crown to recover this sum was entered.

[2]      Mr Wu applied for an order pursuant to s 23 of the Crown Proceedings Act

1950 that he ought not to be required to satisfy the judgment.   However, he subsequently withdrew the application, my judgment gave leave for that to be done and the proceeding was struck out accordingly.

[3]      The Crown has now filed a memorandum dated 30 May 2013.  It points out that I did not order that satisfaction be entered upon the judgment in accordance with s 23.  That is correct.  I overlooked doing so.

[4]      Mr Harborow advises that a copy of his memorandum has been sent  to Mr Mansfield (former counsel) and to Mr Wu (who is a sentenced prisoner).   No demur has been made, and I would not expect any such.

[5]      Accordingly, I order satisfaction to be entered upon the judgment in respect of recognisance dated 21 May 2012.

Brewer J