COMMISSIONER OF NEW ZEALAND POLICE v JIANG [2019] NZHC 3122
The Court granted the application to extend the on-notice restraining order for one year to 15 December 2020 to preserve the status quo while proceedings continue, and reserved leave to revisit the restraining orders as they relate to 3 Regalwood Close depending on the outcome of further determinations.
Source-derived case information.
- Citation
- [2019] NZHC 3122
- Parties
- Applicant: Commissioner of New Zealand Police; Respondent: Fan Jiang; Interested Party: Trustee Services
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 28 November 2019
- Procedural Posture
- Civil (application for Extension of on Notice Restraining Order) / Hearing and Judgment (application for Extension)
- Outcome
- Application granted in part: on-notice restraining order extended for one year; leave reserved to revisit orders concerning 3 Regalwood Close.
- Legal Topics
- Extension of Restraining Order, Duration of Orders, Leave to Revisit Property Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commissioner of New Zealand Police
Applicant
Fan Jiang
Respondent
Trustee Services
Interested Party
Procedural Posture
Civil (application for Extension of on Notice Restraining Order) / Hearing and Judgment (application for Extension)
Legal Issues
- 1 Whether to extend the duration of the on-notice restraining order made 14 August 2017
- 2 Whether to reserve leave to revisit restraining orders in respect of 3 Regalwood Close pending further decision
Ratio Decidendi
The Court granted the application to extend the on-notice restraining order for one year to 15 December 2020 to preserve the status quo while proceedings continue, and reserved leave to revisit the restraining orders as they relate to 3 Regalwood Close depending on the outcome of further determinations.
Court Disposition
Application granted in part: on-notice restraining order extended for one year; leave reserved to revisit orders concerning 3 Regalwood Close.
Orders
- Extend the duration of the on-notice restraining order made 14 August 2017 for a period of one year to expire on 15 December 2020 unless proceedings are concluded earlier.
- Reserve leave to revisit the restraining orders in respect of 3 Regalwood Close, Christchurch, depending on the outcome of the related decision.
Full Case Text
Judgment text and source record
1 paragraphs
COMMISSIONER OF NEW ZEALAND POLICE v JIANG [2019] NZHC 3122 [28 November 2019]IN THE HIGH COURT OF NEW ZEALANDCHRISTCHURCH REGISTRYI TE KŌTI MATUA O AOTEAROAŌTAUTAHI ROHECIV-2016-409-000298[2019] NZHC 3122BETWEEN COMMISSIONER OF NEW ZEALANDPOLICEApplicantAND FAN JIANGRespondentHearing: 28 November 2019Appearances: H McKenzie for ApplicantM Starling and N Wham for RespondentC J Lange for Trustee ServicesJudgment: 28 November 2019JUDGMENT OF DUNNINGHAM J[1] The application for an order extending the duration of the on-notice restrainingorder which was made on 14 August 2017 is granted. It is extended for a period ofone year to expire on 15 December 2020, unless the proceedings are concluded earlier.[2] I also reserve leave to revisit the restraining orders in respect of3 Regalwood Close, Christchurch, depending on the outcome of my decision on thatmatter.[3] My reasons will follow in due course.Solicitors:Raymond Donnelly & Co., ChristchurchM Starling, Barrister, ChristchurchC Lange, Barrister, Christchurch