HANSA LIMITED (IN LIQUIDATION) v HIBBS [2017] NZHC 273

HANSA LIMITED (IN LIQUIDATION) v HIBBS [2017] NZHC 273

Because there was no opposition and the circumstances warranted preservation of the status quo, the High Court extended the without-notice freezing order made 15 December 2016 until 1 July 2017 (or further order), with para 8 modified to confirm expiry and the right of parties to be heard on continuation or renewal.

Citation
[2017] NZHC 273
Parties
First Plaintiff: HANSA LIMITED (IN LIQUIDATION); Second Plaintiffs: DAMIEN GRANT AND STEVEN KHOVAS LIQUIDATORS OF HANSA LIMITED (IN LIQUIDATION); First Defendant: PAUL CLIFFORD HIBBS; Second Defendant: CAMERON GLADSTONE INVESTMENTS LIMITED; Third Defendant: HALDON RANGE VINEYARDS LIMITED; Fourth Defendant: CONTAINERS DIRECT LEASING LIMITED
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 February 2017
Procedural Posture
Freezing Order Application (civil) / Application to Extend Freezing Order (interim)
Outcome
Freezing order extended until 1 July 2017 or further order; para 8 of the freezing order amended to state expiry and right to be heard; default judgment against second defendant sealed; substantive proceeding listed for case management.
Legal Topics
Freezing Order, Default Judgment, Interim Relief, Without Notice Orders
Civil Procedure Injunctions Insolvency Freezing Order Default Judgment Interim Relief Without Notice Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

HANSA LIMITED (IN LIQUIDATION)

First Plaintiff

DAMIEN GRANT AND STEVEN KHOVAS LIQUIDATORS OF HANSA LIMITED (IN LIQUIDATION)

Second Plaintiffs

PAUL CLIFFORD HIBBS

First Defendant

CAMERON GLADSTONE INVESTMENTS LIMITED

Second Defendant

HALDON RANGE VINEYARDS LIMITED

Third Defendant

CONTAINERS DIRECT LEASING LIMITED

Fourth Defendant

Procedural Posture

Freezing Order Application (civil) / Application to Extend Freezing Order (interim)

Legal Issues

  1. 1 Whether to extend a temporary without-notice freezing order
  2. 2 Effect and duration of without-notice freezing orders and parties' right to be heard on continuation
  3. 3 Case management following default judgment against a defendant

Ratio Decidendi

Because there was no opposition and the circumstances warranted preservation of the status quo, the High Court extended the without-notice freezing order made 15 December 2016 until 1 July 2017 (or further order), with para 8 modified to confirm expiry and the right of parties to be heard on continuation or renewal.

Court Disposition

Freezing order extended until 1 July 2017 or further order; para 8 of the freezing order amended to state expiry and right to be heard; default judgment against second defendant sealed; substantive proceeding listed for case management.

Orders

  • Extend the freezing order made 15 December 2016 until 1 July 2017 or such further date as this Court may direct.
  • Amend paragraph 8 of the freezing order to state that as it was made without notice it will have no effect after 1 July 2017 unless continued or renewed and that on that date parties are entitled to be heard.