New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Arrest for contempt

Legal area

Court

3 Oct 2012

WESTPAC NEW ZEALAND LTD V DAVID THEUNISSEN LIMITED HC TAU CIV 2012-470-723

Citation

openlaw-82ab7b2a_917c_480b_ab97_bbd1201dba40.pdf
Court

High Court

The arrest order was discharged because the defendant acknowledged the seriousness of his conduct, had been in custody since 29 September 2012 which adequately marked his conduct, and provided specific undertakings (provide mobile number, meet Westpac representative to identify and return items, refrain from attending the property during mortgagee sale) making continued custody unnecessary.
25 Sept 2012

WESTPAC NEW ZEALAND LTD V DAVID THEUNISSEN LIMITED HC TAU CIV 2012-470-723

Citation

openlaw-508d5c09_2029_4534_8fab_5cc985355d22.pdf
Court

High Court

The Court refused orders for interim possession and for police to be authorised to use force because it lacked jurisdiction absent substantive proceedings and no authority was cited; the Court granted an arrest order because the interim injunction was clear, had been served and the contemnor wilfully disobeyed it, proven beyond reasonable doubt, justifying arrest to mark contumelious disobedience and protect the mortgagee's interests.