New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Effective control over property

Legal area

Court

9 Dec 2020

THE COMMISSIONER OF POLICE v BRACKEN [2020] NZHC 3246

Citation

[2020] NZHC 3246
Court

High Court

The Court was satisfied there were reasonable grounds to treat $1,094,000 deposited into the parents' accounts as tainted property and granted an on-notice restraining order; the trailer and boat were ordered treated as under the effective control of the first respondent under s 58 given corroborating evidence including payment, insurance and admissions; and the Official Assignee was directed under s 35 to sell the two vehicles and the boat and trailer to prevent further depreciation and storage costs. Challenges based on trust beneficiary rights and the asserted warrant defects did not defea…
26 Nov 2013

POLICE v FILER [2013] NZHC 3111

Citation

[2013] NZHC 3111
Court

High Court

Commissioner discharged initial onus of proving unlawful benefit in the relevant period; respondent failed to rebut the statutory presumption under s53 on the balance of probabilities; accordingly the value of benefit is fixed at $1,592,656.21 and a profit forfeiture order is made under s55; specified assets and property in which respondent has, or is treated as having, interests are to be disposed of, except the Quarry Road Waihi property which appears to have vested in the Crown when Coastal Demolition Limited was removed from the register and requires further submissions.