THE SOLICITOR-GENERAL OF NEW ZEALAND V NORFOLK HC AK CIV-2008-404-002892

THE SOLICITOR-GENERAL OF NEW ZEALAND V NORFOLK HC AK CIV-2008-404-002892 4 March 2009IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2008-404-002892IN THE MATTER OF an application under the Proceeds of Crime Act 1991 BETWEEN THE SOLICITOR-GENERAL OF NEW ZEALAND Applicant AND MARK NORFOLK Respondent Hearing: 4 March 2009 Appearances: B Finn for Applicant No appearance for Respondent Judgment: 4 March 2009 at 4:30 pmJUDGMENT OF COURTNEY JThis judgment was delivered by Justice Courtney on 4 March 2009 at 4:30 pm pursuant to R 11.5 of the High Court Rules Registrar / Deputy Registrar Date.. Solicitors: Meredith Connell, P O Box 2213, Auckland Fax: (09) 336-7629 – B Finn[1] The Solicitor-General applies for ancillary orders varying restraining orders made by this Court in August 2008 pursuant to s 47 Proceeds of Crime Act 1991. Mr Finn has filed and affidavit of service evidencing service of the papers on Mr Norfolk. I have heard from Mr Finn and considered the application supporting documents and previous papers filed by the Solicitor-General. [2] This matter concerns a Mercedes-Benz motor vehicle registered number DZG226, a ketch known as the Shara-lee, and monies held in certain Kiwibank accounts. The orders sought today would see the motor vehicle and the ketch sold, with the proceeds, together with the money held in the bank accounts, applied, first in payment of the Official Assignee's outstanding costs, and the balance paid to Navigators & General Insurance Company Limited, an interested third party whose interest has been noted. That third party holds a judgment against Mr Norfolk originally obtained in the UK and sealed in this Court for an amount well in excess of the expected proceeds of the vehicle and ketch and the money held in the bank accounts. [3] In the circumstances I am satisfied as to the grounds for varying the restraining orders and order that the inter parties restraining order made by Justice Andrews on 11 August 2008 shall be varied as follows: a) The Mercedes-Benz registered number DZG226 and the ketch known as the Shara-lee shall be sold by the Official Assignee b) The net proceeds of the Shara-lee and the Mercedes, together with the monies held in the restrained Kiwibank account numbered 38-9007- 0346259-00 and 38-9007-0346259-01 shall be dealt with as follows: i) Applied in payment of the Official Assignee's outstanding costs in accordance with a report to be filed by the Official Assignee detailing the costs up to and including the costs of sale; andii) Any remaining balance to be transferred to the Navigators & General Insurance Company Limited to the extent necessary as at that date to satisfy the judgment of this Court of Associate Judge Robinson 6 August 2008 sealed 21 August 2008 registering a judgment of the High Court of England and Wales 5 October 2007 against the respondent for £152,250.70; iii) Any balance remaining shall be held by the Official Assignee pending further order of this Court. ____________________ P Courtney J