HELILOGGING HOLDINGS LIMITED (IN RECEIVERSHIP) AND ORS V MARK WAYNE FORD AND ANOR HC NWP CIV 2007-443-578

HELILOGGING HOLDINGS LIMITED (IN RECEIVERSHIP) AND ORS V MARK WAYNE FORD AND ANOR HC NWP CIV 2007-443-578

The court granted interlocutory relief directing delivery up of the five specified helicopters and ordered the parties to appoint an agreed expert to determine allocation of mixed parts (with associated log cards) between plaintiffs and defendants; plaintiffs must secure UK parts in safe custody and provide security (bank guarantee or cash) in the sum of US$40,000 before the order takes effect; liberty to apply and costs reserved.

Citation
openlaw-e8b3e63e_0b08_47b7_9661_e018e121dfc5.pdf
Parties
First Plaintiff: HELILOGGING HOLDINGS LIMITED (IN RECEIVERSHIP); Second Plaintiff: HELILOGGING LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION); Third Plaintiffs: JOHN TREVOR WHITTFIELD AND PERI MICAELA FINNIGAN; Fourth Plaintiff: COMMERCIAL FACTORS LIMITED; First Defendant: MARK WAYNE FORD; Second Defendants: MARK WAYNE FORD, SUZANNE RUTH FORD AND PAUL CONRAD ELLIS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 October 2007
Procedural Posture
Interlocutory Pickwick Application in Civil Receivership Proceedings / Urgent Interlocutory Hearing / Delivery Up Application
Outcome
Interlocutory orders made in favour of plaintiffs with protective conditions for defendants
Legal Topics
Pickwick Service, Delivery Up, Allocation of Parts/spares, Security for Interlocutory Relief, Appointment of Experts, Preservation of Sale
Civil Procedure Injunctions Receivership Commercial Law Property (chattels/aircraft) Aviation Assets Pickwick Service Delivery Up +4 more

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Parties

HELILOGGING HOLDINGS LIMITED (IN RECEIVERSHIP)

First Plaintiff

HELILOGGING LIMITED (IN RECEIVERSHIP AND IN LIQUIDATION)

Second Plaintiff

JOHN TREVOR WHITTFIELD AND PERI MICAELA FINNIGAN

Third Plaintiffs

COMMERCIAL FACTORS LIMITED

Fourth Plaintiff

MARK WAYNE FORD

First Defendant

MARK WAYNE FORD, SUZANNE RUTH FORD AND PAUL CONRAD ELLIS

Second Defendants

Procedural Posture

Interlocutory Pickwick Application in Civil Receivership Proceedings / Urgent Interlocutory Hearing / Delivery Up Application

Legal Issues

  1. 1 Whether plaintiffs are entitled to delivery up of five Wessex helicopters and associated parts in defendant's possession
  2. 2 How to allocate mixed parts between plaintiffs and defendant's two aircraft claimed by defendant
  3. 3 Whether plaintiffs must provide security to protect defendants' interest in parts

Ratio Decidendi

The court granted interlocutory relief directing delivery up of the five specified helicopters and ordered the parties to appoint an agreed expert to determine allocation of mixed parts (with associated log cards) between plaintiffs and defendants; plaintiffs must secure UK parts in safe custody and provide security (bank guarantee or cash) in the sum of US$40,000 before the order takes effect; liberty to apply and costs reserved.

Court Disposition

Interlocutory orders made in favour of plaintiffs with protective conditions for defendants

Orders

  • Order for delivery up to the plaintiffs of the five helicopters: ZKHBF XT606; CLUBS XV730; DIAMONDS XT680; SPADES XS675; LIMA XR611
  • Order that an expert or experts, to be agreed by the parties, determine for the purpose of this interlocutory order the allocation of spares between the plaintiffs and the defendants after ascertaining parties' wishes