TEAM CLAVEL MOTORSPORT V NEIL ALLPORT MOTORSPORTS LTD HC AK CIV-2010-404-002823
Given service on the defendant, absence of any defence or explanation, and apparent damage to the vehicle, the court was satisfied that an order analogous to a r 33.2 search order was warranted to permit a time-limited inspection; appointment of an independent solicitor under r 33.7 was unnecessary given urgency and...
Source-derived case information.
- Citation
- openlaw-608b8782_16dd_49d0_82d5_a129400396eb.pdf
- Parties
- Plaintiff: Team Clavel Motorsport; Defendant: Neil Allport Motorsports Ltd
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 May 2010
- Procedural Posture
- Civil Interim Injunction / Post Interim Injunction: Application for Further Orders/enforcement
- Outcome
- Application for further orders granted in terms of the plaintiff's draft dated 12 May 2010 (orders (a)-(e)).
- Legal Topics
- Interim Injunction, Search Order Under R 33.2, Appointment of Independent Solicitor, Compliance and Enforcement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Team Clavel Motorsport
Plaintiff
Neil Allport Motorsports Ltd
Defendant
Procedural Posture
Civil Interim Injunction / Post Interim Injunction: Application for Further Orders/enforcement
Legal Issues
- 1 Whether the defendant must make the vehicle available for inspection pursuant to orders analogous to a r 33.2 search order
- 2 Whether an independent solicitor should be appointed to supervise execution of the inspection order under r 33.7
- 3 Whether the interim relief should be enforced despite lack of appearance by the defendant
Ratio Decidendi
Given service on the defendant, absence of any defence or explanation, and apparent damage to the vehicle, the court was satisfied that an order analogous to a r 33.2 search order was warranted to permit a time-limited inspection; appointment of an independent solicitor under r 33.7 was unnecessary given urgency and the limited, non-uplift scope of the inspection, and one of the inspectors will be the plaintiff's solicitor who is an officer of the court.
Court Disposition
Application for further orders granted in terms of the plaintiff's draft dated 12 May 2010 (orders (a)-(e)).
Orders
- Granted the orders (a)-(e) in the plaintiff's document dated 12 May 2010 headed 'Further Orders Regarding Interim Injunction' attached to the judgment.
- Declined to appoint an independent solicitor to supervise execution of the inspection order.
Full Case Text
Judgment text and source record
1 paragraphs
TEAM CLAVEL MOTORSPORT V NEIL ALLPORT MOTORSPORTS LTD HC AK CIV-2010-404-002823 12 May 2010IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2010-404-002823BETWEEN TEAM CLAVEL MOTORSPORT Plaintiff AND NEIL ALLPORT MOTORSPORTS LTD Defendant Hearing: 12 May 2010 Appearances: JK Goodall and CV Sumpter for Plaintiff No appearance for Defendant Judgment: 12 May 2010 at 12:45 pmJUDGMENT OF ASHER JThis judgment was delivered by me on 12 May 2010 at 12:45 pm pursuant to Rule 11.5 of the High Court Rules .. Registrar/Deputy Registrar .. DateSolicitors M Agmen-Smith Asco Lawyers, Auckland (miles.as@ascolegal.co.nz ) Bruce Dell Law, Auckland Copy: MIS Phillips, Auckland (mike@phillips.co.nz ) JK Goodall, Auckland (jkg@jasongoodall.co.nz )[1] The plaintiff seeks further orders following the granting of an interim injunction by Venning J on 7 May 2010. 1 I am satisfied that the defendant has been served with the court documents. The defendant has taken no steps to defend the proceedings or set aside the injunction. [2] The plaintiff, in essence, seeks orders requiring the defendant to make the motor vehicle available for inspection for two hours, on the terms set out in the draft order. On the material that is before the court at the moment, the defendant appears to have refused to observe the order, and the vehicle has been damaged. There may well be an answer to the plaintiff's allegations, but none has been put forward to date. [3] The interim order sought has similarities to a search order under r 33.2 of the High Court Rules. I am satisfied that the order is warranted to give the plaintiff an opportunity to assess the state of the vehicle, and what further steps it will take. [4] I have considered whether to appoint an independent solicitor to supervise the execution of the order, as is done with search orders under r 33.7, and have required submissions on the topic. I am persuaded that given the need to act today, and the fact that there is no power to uplift or interfere, (save for the inspection process), that such an order is not necessary. I note that one of the persons executing the order will be an officer of the Court, a solicitor who acts for the plaintiffs, Ms Sumpter. [5] This court, therefore, makes the orders, ((a)-(e)), sought in the plaintiff's document dated 12 May 2010 headed "Further Orders Regarding Interim Injunction", which is attached to this judgment. Asher J1 Team Clavel Motorsport v Neil Allport Motorsports Ltd HC Auckland CIV-2010-404-002823 7 May 2010, Venning J.