JOHN MICHAEL GILBERT OF C AND C STRATEGIC LIMITED IN HIS CAPACITY AS RECEIVER OF JB CONTRACTORS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V WORKING ON WATER LIMITED HC AK CIV-2012-404-4512

JOHN MICHAEL GILBERT OF C AND C STRATEGIC LIMITED IN HIS CAPACITY AS RECEIVER OF JB CONTRACTORS LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION) V WORKING ON WATER LIMITED HC AK CIV-2012-404-4512

The forensic and documentary evidence established a good arguable case of conversion/unjust enrichment/breach of fiduciary duty and demonstrated a real and present risk that the sale proceeds would be dissipated; combined with an undertaking as to damages, that justified an interim freezing order over Working on Water's Kiwibank account and ancillary disclosure and discovery orders.

Citation
openlaw-44d94eb4_78a3_4dd8_bdf0_bed175f4f893.pdf
Parties
Plaintiff (receiver): John Michael Gilbert of C and C Strategic Limited in his capacity as Receiver of JB Contractors Limited (in receivership and in liquidation); First Defendant: Working on Water Limited; Second Defendant: Paul Christopher Balemi; Third Defendant: Mark Nicholas Balemi; Fourth Defendant: Georgina Elizabeth Edwards; Non Party: Kiwibank Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 August 2012
Procedural Posture
Freezing Order Application (interlocutory) / Interim Application Determined; Freezing Order Made
Outcome
Freezing order granted over Working on Water Limited's bank account(s) and ancillary disclosure/discovery orders made
Legal Topics
Freezing Order, Conversion, Unjust Enrichment, Fiduciary Duty, Receivership, Liquidation
Civil Procedure Injunctions Equity Insolvency Property Freezing Order Conversion Unjust Enrichment +3 more

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Parties

John Michael Gilbert of C and C Strategic Limited in his capacity as Receiver of JB Contractors Limited (in receivership and in liquidation)

Plaintiff (receiver)

Working on Water Limited

First Defendant

Paul Christopher Balemi

Second Defendant

Mark Nicholas Balemi

Third Defendant

Georgina Elizabeth Edwards

Fourth Defendant

Kiwibank Limited

Non Party

Procedural Posture

Freezing Order Application (interlocutory) / Interim Application Determined; Freezing Order Made

Legal Issues

  1. 1 Whether applicant has a good arguable case of conversion, unjust enrichment and breach of fiduciary duty
  2. 2 Whether there is a real risk of dissipation of assets justifying a freezing order
  3. 3 Whether ancillary disclosure and discovery orders are appropriate

Ratio Decidendi

The forensic and documentary evidence established a good arguable case of conversion/unjust enrichment/breach of fiduciary duty and demonstrated a real and present risk that the sale proceeds would be dissipated; combined with an undertaking as to damages, that justified an interim freezing order over Working on Water's Kiwibank account and ancillary disclosure and discovery orders.

Court Disposition

Freezing order granted over Working on Water Limited's bank account(s) and ancillary disclosure/discovery orders made

Orders

  • Freezing order restraining Working on Water Limited from removing, disposing of, dealing with, or diminishing the value of the Kiwibank account No. 38-9010-0630680-00 and any other accounts in the name of Working on Water Limited
  • Working on Water Limited to provide bank statements covering the period 1 July 2012 to the current date